The Calcutta High Court on Thursday quashed an administrative order of the West Bengal government which had imposed restrictions on immersion of Durga idols after 10 pm on Vijaya Dashami and on October 1, citing law and order situation due to Muharram processions.
The court allowed immersion of Durga idols on all days as per the Hindu almanac from Dashami on September 30 till 12 am, including that on Muharram, and directed the state government to make necessary security arrangements, so that processions of different faiths continued without any glitch across the state.
A division bench of Acting Chief Justice Rakesh Tiwari and Justice Harish Tandon directed the state government to prepare designated routes for Durga idol immersion processions and Tazia processions of Muharram and asked the administration and the police to widely publicise those routes well in advance to maintain harmony between two communities.
Citing examples, the bench said in case of a congregation turning restive, the police or senior officials of the administration first try to persuade, then use water canons, then resort to mild baton charge and so on, if the earlier fails.
“You have to go step by step. What you have done here is, you have taken the last resort first,” Justice Tiwari said on Thursday.
“None from the other community has approached the administration or the court seeking any restriction. There is no intervention by them. Show us the material by which you are exercising the extreme step. You are exercising power without any basis,” the bench observed on the state government’s move of imposing restrictions on immersion of Durga idols.
While hearing the case, the court had on Wednesday said “Let them (both communities) live in harmony, do not create a line between them,” and had asked the state government to provide “concrete grounds” for its decision to stop Durga idol immersion on Vijaya Dashami after 10 pm and on October 1 due to Muharram.
The bench said mere assumption that a law and order situation might arise owing to Vijaya Dashami and Muharram falling one after the other, could not be the basis of imposing curbs on immersion timings.
“People have the right to practice their religious activities, whichever community they may be of, and the state cannot put restrictions unless it has a concrete ground to believe that two communities cannot live together,” the Acting Chief Justice had said.
Published 21 September 2017, 10:14 IST