Shree Trustee Atma Kamal Labdhisurishwarji Jain Gyanmandir Trust & Another Vs State of Maharashtra

Court: Bombay High Court
Head Notes:

Atma Kamal Jain Gyan Mandir Trust Vs The State of Maharashtra & Ors
Bombay High court
Date-10th November 2020
Sub: Opening of Two Jain temples for Diwali Pujanotsav- allowed by Bombay High Court

The Bombay High court in the case of Jain Gyan Mandir trust was dealing with request of the appellant to allow the opening of the temple for pujan during the *auspicious period Diwali for 5 days from 13th November to 17th November which was opposed by State of Maharashtra* . However the Court noting that under Article 25 of the Constitution of India, all persons are equally entitled to freedom of conscience and the right to freely profess practice and propagate religion and that this freedom is subject to public order, morality and health ,also noted that the Court has no intention to interfere with the Government policies or to run the Government. *However, noting that since the Government has now allowed opening of malls, restaurants, bars, gymnasium by following certain SOP’s and have also allowed passengers to commute by trains/ monorail and metro service*, and since the Petitioner’s are not wanting to form any
congregation by way of procession, etc, the performance of the Pujas like Dhup (Incense) Puja, Deepak (Candle) Puja, Akshat (Rice) Puja, Naivedya (Sweet) Puja, Fal (Fruit) Puja, Vandan Kirtan, in the manner proposed by the Petitioner by maintaining norms of social distancing and following the applicable SOP’s in the manner suggested by them, will not cause any injury or prejudice to any one and the court allowed to open for the performance of Pujas referred to above, during the 5 days of Diwali Parva from 13th November, 2020 to 17th November, 2020 (both days inclusive) at the fixed time from 6.00 a.m. to 1.00 p.m. and from 6.00 p.m. to 9.00 p.m. for not more than 8 persons at a time for 15 minutes in the temple hall.

Happy Dhanteras
Ramesh Patodia
12-11-2020

Law:
Section(s): Article 25 of Constitution of India dealing with right to freely profess and practice religion
Counsel(s): Mr Prafulla Shah and Mr A A Kumbhakoni
Dowload Pdf File Click here to download the file in pdf format
Uploaded By CA Ramesh Patodia
Date of upload: November 12, 2020

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