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‘Religious festivals not source of riots’: SC junks plea to regulate processions
The NGO, Citizens for Justice and Peace, sought permission to withdraw the petition but this request was declined by the Supreme Court. “You should be clear on what this court should enter into and where it should not”
NEW DELHI: The Supreme Court on Friday turned down a plea by a non-profit, Citizens for Justice and Peace (CJP), which sought a direction to regulate all religious processions in the country, saying the petition portrayed that religious festivals were “a source of riots”.
“In Maharashtra, during the Ganesh Puja lakhs gather but there are no riots. Why do you have to portray that religious festivals are a source of riots? Let us look at the good that is happening in the country,” a bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice PS Narasimha said on a petition filed by CJP of which social activist Teesta Setalvad is the secretary.
The CJP, represented by senior advocate CU Singh, said that the Union ministry of home affairs (MHA) issued an advisory that prohibits any assembly of men with arms or weapons but the states weren’t implementing this.
“The authorities are abdicating their responsibility. This is where the court must step in…. a serious situation as several deaths have been reported in many Shobha Yatras. People are openly brandishing firearms, swords and weapons,” Singh said
The top court didn’t agree. “You are seeking a common standard operating procedure (SOP) for the country. Our country is diverse from Kashmir to Kanyakumari. The conditions that prevail in a district of a state are different from another district in the same state. The states are provided powers to devise diverse standards… The reliefs sought by you are not within judicially manageable standards.”
The court also emphasised that ‘law and order’, and ‘police’ are subjects on which the states alone can legislate.
“Let us not pitchfork the Supreme Court in matters of law and order to be managed by states. How can we monitor processions across states? If there are any violations, people will challenge the permission given by the state under Article 226 (before the high courts).”
Singh who was assisted by advocate Aparna Bhat sought to withdraw the petition after the court passed an order saying, “A roving exercise is sought to be done by this court. The subject matter of these reliefs fall within ‘public order’ and ‘police’, which are subjects under the State List.”
Singh claimed that some matters are pending before high courts and pointed out that a general framework for the grant of permissions was sought as the permission arrives a day before the procession which gives hardly any time to challenge it before the high court.
The bench refused to allow the petitioner to withdraw the plea. It said, “You should be clear on what this court should enter into and where it should not.”
