By TwoCircles.net Staff reporter,
Mumbai: The Shiv Sena has expressed disagreement over the recent Bombay High Court order which stated that denying permission to erect temporary pandals on roads and footpaths is not a breach of fundamental right to religion and said that the verdict appears to have come from a Pakistani court.
During hearing of a PIL filed by one Mahesh Bedekar on the menace during festivals, such as Ganeshotsav, Navratri and dahi handi in Thane, the Bombay High Court had on June 24, 2015 ruled that no citizen can claim fundamental right to worship God or offer prayer at any and every place, unless it is a significant place of worship.
Bombay High Court (Courtesy: Vishwagujarat)
A bench of Justice Abhay Oka and Justice Revati Mohite-Dere directed that the municipal commissioner, while exercising discretionary power to grant permission, “shall be bound to consider the right of citizens to have roads in reasonable condition.”
It had also directed district collectors to set up teams of revenue officers, not below the rank of tehsildar, to visit corporation limits before and during the festival to check if pandals have been erected on public roads and footpaths without permission, and report breaches to the commissioner who will then take action against the organizers.
Taking on this order of High Court, Sena said in an edit in the party mouthpiece ‘Saamana’ on Monday: “After hearing the judgement, the citizens had misunderstood it to be a judgement from a Pakistani court because putting such restrictions on Hindus and their festivals can only be done by a Pakistani court.”
The party also lashed out at the person who had moved the PIL in this regard in the court. “Some Hindu had gone to the court to take action against noise pollution during festivals. This will have an immediate impact on our Ganesh festival. They (Hindus) take pride in creating hurdles for the festivals,” it said.
Furthermore, the party also drew attention to loudspeakers at mosques and asked why they were not banned. “If one talks about noise pollution, why does nobody have the courage to remove loudspeakers from mosques at Bhendi Bazaar, Dadar or Mahim? During Eid-e-Milad celebrations, noise levels reached 120 decibels. But nobody measured noise levels then. Putting restrictions on festivals is like taking away a chance of being happy,” it said.
It also opined that the Courts should not encroach upon the rights of the government and said, “By passing remarks on political and religious matters, the Courts are striking on a government that is elected by the people.”
Incidentally, contrary to Sena’s jibe at loud speakers at mosques, the Bombay High Court has already ruled on July 30, 2014 directing the police to remove loudspeakers from those mosques in Mumbai and Navi Mumbai that have not obtained required permissions for them from the authorities.