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The Delhi High Court today issued notice in a plea against the Ganesh Chaturthi celebrations organised by the Delhi Government amid the Covid-19 pandemic, in violation of constitutional mandate

The Division bench of Chief Justice DN Patel and Justice Amit Bansal issued notices to the Centre, Delhi Government and the Election Commission while hearing a plea filed by Advocate Manoharlal Sharma.

Adv ML Sharma appearing in person argued that Chief Minister Arvind Kejriwal had issued an advertisement inviting people to join a programme for Ganesh Chaturthi Celebrations amid Covid 19 Pandemic and against constitutional mandate of celebrating communal festivals by the State for which the Governmnet and the ministers under him ought to be suspended.

Sharma also alleged that the State was providing susbsidy to the Hajj Committee.

Standing Counsel for Delhi Government Rahul Mehra opposing the plea said that the plea was not filed for public interest but was a publicity interest litigation filed to create communal disharmony. "Moreover, No violation of any law has been made and no subsidy has been granted to the Hajj Committee", submitted Mehra.

Mehra argued that every state government provides certain arrangements to pilgrims which only is to preserve the culture of this country. Delhi is not allowing everybody to come out in open unlike Kerala due to which Covid cases rose in the state. All precautions are being followed.

On the Court's enquiry as to which article of the Constitution prohibits State from celebrating festivals, Sharma submitted "The preamble is the constitution and if you are attacking the preamble you are attacking the constitution. The word “secular” is mentioned in the Preambe."

Sharma also referred to Article 25 and the Supreme Court Nine Judge's Judgement in SR Bommai's Case.

The Court however said that Article 25 (2) on the contrary permits state to promote religion.

The Court has listed the matter for next hearing in November.

Earlier the Court had refused to entertain the publc interest litigation against proposed Ganesh Chaturthi celebrations in Delhi, saying that the petitioner had not attached a single annexure to show that the said celebrations were being advertised in any way by the Delhi government in the first place.

Sharma had argued that in terms of the constitutional mandate and the law laid down by the Supreme Court in the SR Bommai case, the government cannot promote religious celebrations, upon which the court marked that there were no documents on record to show that the government had promoted the celebrations. 

The bench observed that the plea is "filed without proper homework" and dismissed the plea as withdrawn, with liberty to the petitioner to file afresh with due annexures and averments.

 

Case Title: Manohar Lal Sharma vs Union of India and Ors