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Synopsis

In a special sitting on Sunday, the Bombay High Court dismissed the petition filed by four law students challenging the State Government’s decision to declare a public holiday on January 22, 2024, on account of the Pran Pratishta Ceremony of the Ram Mandir in Ayodhya, Uttar Pradesh.

A division bench of the high court comprising Justice GS Kulkarni and Justice Neela Gokahel dismissed the petition, observing that the Public Interest Litigation (PIL) filed was an abuse of the process of law.

“We have no doubt that this is an abuse of the process of law. Such proceedings cannot be kept pending and are required to be dismissed with exemplary cost. However, we refrain ourselves from imposing cost with the hope the petitioner in future be more careful when they attend to appear in person in a PIL,” the order states.

The division further stated that it shook the judicial conscience of the court on the understanding of the law by the petitioner when the petition questioned the wisdom of the Supreme Court.

“It appears to be trumpery of the proceeding initiated before the court. The petitioners have not left a single stone unturned in para 21 statements that are made questioning the wisdom of the Supreme Court in deciding the case in respect of which petitioners have raised concern. Our judicial conscience is shocked if this is the understanding of the law of the petitioner. There are other serious statements in the petition and it is difficult to believe that law students would have the ability and our imagination more particularly before entering a noble profession they can make such statements,”   the order reads.

Four law students have approached the Bombay High Court challenging the State Government’s decision to declare January 22nd as a public holiday on account of the Pran Pratistha Ceremony at the Ram Mandir in Ayodhya.

The Public Interest Litigation has been filed by four law students studying at Maharashtra National Law University (Mumbai), Government Law College (Mumbai), and Institute of Law, Nirma University (Ahmedabad).

The 4 students have filed an application before the registrar of the high court seeking urgent listing of the Public Interest Litigation.

The PIL contends that declaring a holiday to celebrate the consecration of the Ram Mandir is nothing but spending from the Government exchequer for religious purposes, which is expressly prohibited by Article 27 of the Constitution of India.

The law students, in their petition, have stated that a public holiday cannot be declared to celebrate the consecration of Ram Lalla to appease a particular section of society or a religious community.

“Any policy regarding declaration of public holidays cannot be at the whims and fancies of the political party in power. Holiday can be declared perhaps to commemorate a patriotic personality or historic figure but not to celebrate consecration of Ram lalla to appease a particular section of the society or religious community,” the plea reads.

The plea argued that the State Government's notification declaring January 22nd as a public holiday is violative of the principles of secularism enshrined in the Preamble of the Constitution, as well as Articles 14, 21, 25, 26, and 27 of the Constitution of India.

The students have also argued that though the Supreme Court allotted 5 acres of land to the Sunni Waqf Board, there has been no momentum for the Central Government to complete the construction of the mosque until today.

Further, it states that the declaration of public holidays for the celebration of the consecration ceremony of one particular religious group at the cost of the public exchequer is nothing but a serious mark on the secular fabric of the Constitution.

The plea also adds that the notification of 1968 that allows the central government to allow states to exercise powers to declare a public holiday without there being any guidelines or parameters is nothing but excessive delegation.

Case title: Shivangi Agarwal & Ors vs UOI & Anr