Dr Mahesh Bedekar had filed the petition in 2010, citing the issue of pandals being raised randomly during festivals without taking the requisite permissions.
Following a public interest litigation (PIL) filed by a resident of Thane, the Bombay high court last week said that the fundamental right of practising or professing religion did not extend to any or every place. As orders given by an apex court were not abided by the principal secretaries, the court has now asked the chief secretary to file an affidavit with names and designation of officials who have breached the orders.
Dr Mahesh Bedekar had filed the petition in 2010, citing the issue of pandals being raised randomly during festivals without taking the requisite permissions. The high court had at that time said that silence is the fundamental right of citizens and the state was asked to provide a redressal mechanism for receiving complaints on noise pollution and was directed to demolish temporary booths or platforms erected on roads without permission.
Justices AS Oka and Revati Mohite had heard the petition on noise pollution during festivities. "The judges were very upset that the government completely failed to abide by its directions and I am glad that this issue is being seriously taken into consideration. I am also a religious person but inconveniencing others in the name of religion is not acceptable. These sarvajanik way of celebrating festivals was started for the sole reason of creating public awareness on various issues, but these festivities have taken a political turn. They are hardly being used to increase awareness," said Bedekar.
According to the Supreme Court order, no citizen can claim fundamental right to worship God or offer prayers at any and every place, unless it is a significant place of worship.
The court also directed revenue officers to ask tehsildars to visit places seven days prior to start of festivals and check if any temporary pandals had been erected without permission and inform the commissioner about the same, during major festivals.
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