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Synopsis

The Allahabad High Court recently said that administrative authorities are not to be indifferent to people of faith and it is their responsibility to maintain the law and order in an area so that religious practices can be observed freely.

The bench of Justices Attau Rahman Masoodi and Om Prakash Shukla said that the religious faiths have to be secured within the constitutional framework as long as they stand. 

"Administrative authorities thus cannot absolve themselves of the responsibility towards law and order and maintaining tranquility to ensure that the religious practices and rituals are observed freely and without any invasion upon the public tranquility", the bench held. 

The court was hearing a writ petition moved by Sri Bal Ganesh Pooja Mahotsav Samiti through its President Laxmi Niwas Tiwari seeking permission for celebrating Ganesh Chaturthi and idol immersion in the Shravasti district of Uttar Pradesh between August 31 to September 6.

It was stated by the petitioner Samiti that it was compelled to move the high court as the District, Bhinga Police and Tehsil administration failed to take a decision on its representation.

When the matter came up before the division bench, it observed that the cause espoused in the writ petition lay more in the domain of administrative authorities.

While stressing that the Pooja on the occasion of 'Ganesh Chaturthi' is round the corner, the division bench opined that the administrative authorities of the Shravasti district have to blend their decision and not to be indifferent to the people of faith.

Accordingly, court permitted the petitioner to make a representation before the district administration and ordered that in case such a representation is made, the same shall be considered and decided by the concerned authorities in accordance with law. "So that the necessary arrangement is ensured within the constitutional framework by maintaining law and order as well as cultural togetherness," the court said. 

Case Title: Sri Bal Ganesh Pooja Mahotsav Samiti v. State Of U.P. and 4 others