The Delhi High Court in the case Chhath Pooja Sangharsh Samiti & Anr. v. Govt. of NCT Delhi and Ors observed and has refused to entertain the plea moved challenging the decision of Delhi Government’s of prohibiting devotees from performing Chhath Puja on the banks of Yamuna River. The court in the case observed that the prohibition has been imposed in order to prevent pollution in the river. The bench headed by Justice Subramonium Prasad in the case observed and has expressed his inclination to dismiss the plea which was moved by two societies namely Chath Pooja Sangharsh Samiti and Purwanchal Jagriti Manch.
The counsel appearing for the petitioners then withdrew the said plea.
The petitioner in the plea challenged the order issued by the Delhi Government’s DDMA on October 29, 2021, wherein it prohibited the celebration of Chhath Pooja in public places, public grounds, river banks and temples in view of COVID-19.
Therefore, the societies also seek permission to perform Chhath Puja at different ghats as well as at the bank of Yamuna River.
The court stated that as per the impugned order, the celebration was only allowed on designated sites, with a clarification that no such site shall be designated on the banks of Yamuna River.
It being the case of society that the impugned order was illegal and arbitrary and has affected around 30 to 40 lakhs of devotees.
The plea stated that the Chhath Puja, being a religious festival and practice, falls under the infringement of constitutional rights and if the orders were to impose the restrictions on functioning of Chhath Puja, it could potentially be challenged under Constitution of India it is seen as a violation of the right to practice and propagate one’s religion.
The Coordinate bench in November 2020 dismissed the plea challenging the impugned order, after finding no merit in the same.
