"Festivals are happy places, and you don't really want to enjoy them on your own": CJI, Supreme Court ~ "Why do we always want to portray that religious festivals are the time for riots; for example, there are no riots during Ganesh Puja in Maharashtra"
The Supreme Court of India on Friday deprecated the tendency to equate religious processions with communal riots.
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A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha cited the example of Ganesh Puja in Maharashtra and said that though lakhs of people gather for the same, there are no riots associated with it.
"Why do we always want to portray that religious festivals are the time for riots? Let us look at the good which happens in country. See Maharashtra during Ganesh Puja lakhs gather but there are no riots," the CJI said.
The Court, therefore, dismissed a public interest litigation(PIL) to regulate religious processions and have a standard operating procedure for the same.
The Court opined that the prayers in the PIL are not judicially manageable as the subject matter is dealt by State subject and hence they cannot interfere.
"It is a State subject and Kashmir to Kanyakumari, the issues are different. How can this court monitor this? Prayers are not judicially manageable. It seeks roving writ of mandamus and law and order falls within ambit of the State," the Court noted.
During the hearing today, the counsel for petitioner, Senior Advocate CU Singh argued that only the Supreme Court can do something to prevent violence and riots during religious gatherings and processions.
"I have myself gone through these commissions of inquires. We are on laying down guidelines and how these permissions are given. Today processions are held brandishing weapons like swords etc and happens during religious festivals," Singh contended.
The Court, however, maintained that it cannot interfere and individual grievances can be examined by the concerned High Court.
"The subject of Police is also under the State list, we are not entertaining this. The country is diverse and issues in a district of a State is different than another district and the State can regulate them," the Court said.
The Supreme Court cannot be dragged into every area of law and order which is under the State, the bench underscored.
Singh then sought to withdraw the plea but the Court disallowed the same.
"Sorry. No withdrawal with these prayers. Dismissed," the Court ordered.
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