{"id":751,"date":"2018-01-14T09:44:23","date_gmt":"2018-01-14T09:44:23","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/?p=751"},"modified":"2018-01-14T09:44:23","modified_gmt":"2018-01-14T09:44:23","slug":"don-t-draw-line-between-hindus-and-muslims-high-court-tells-bengal-government","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/don-t-draw-line-between-hindus-and-muslims-high-court-tells-bengal-government\/","title":{"rendered":"Don’t Draw Line Between Hindus And Muslims: High Court Tells Bengal Government"},"content":{"rendered":"

Source –\u00a0ndtv.com<\/strong><\/p>\n

KOLKATA:\u00a0<\/span>Questioning the West Bengal government’s curbs on Durga idol immersion, the Calcutta High Court today said the state cannot hinder a citizen’s right to practice religion on the basis of a mere assumption of law and order disruption and must provide sound reasons for doing so.<\/span>

“Let them (Hindus and Muslims) live in harmony, do not create a line between them,” Acting Chief Justice Rakesh Tiwary said, asking the government to provide a “concrete ground” for its decision to stop the immersion of Durga idols after 10 pm on September 30 (Vijaya Dashami day) and on October 1 on account of Muharram.<\/span>

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Hearing three PILs challenging the restrictions on immersion of idols at the end of the five-day Durga Puja, a bench, also comprising Justice Harish Tandon, said a 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.<\/span>

Observing that Chief Minister Mamata Banerjee had herself told a public meeting that Hindus and Muslims lived together in harmony in the state, the bench said, “Listen to what the head of the state says and not a police officer.”<\/span><\/p>\n

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“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 said.<\/span>

“You must clarify why are you apprehending a law-and-order situation,” the bench told state Advocate General (AG) Kishore Dutta, who claimed that it was the administration’s prerogative to decide on steps to prevent any untoward situation.<\/span>

“Public order and law-and-order are administrative issues,” Dutta submitted, while claiming that the court’s interference in it would amount to trudging into the administration’s domain.<\/span>

The West Bengal government has\u00a0<\/span>imposed restrictions on Durga idol immersions\u00a0on September 30, Vijaya Dashami, after 10 PM and no immersion would be allowed on October 1, the day Muharram is scheduled to be observed.<\/span>

The bench said the administration could regulate the routes for the immersion processions to follow and those through which the ‘Tajia’ processions of Muharram would pass.<\/span><\/p>\n

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“In the interest of maintaining law-and-order and in order to prevent an untoward incident, the administration can regulate a religious congregation or procession,” the AG submitted before the court.<\/span>

“It is a preventive action to rule out any possibility of a law-and-order situation,” he said.<\/span>

The court observed that it was not disputing the state’s right to regulate, but the administration could not restrict the observance of one’s religious rights.<\/span>

“We are asking you to eliminate the element of arbitrariness and provide a concrete ground for your action,” the bench said.<\/span>

“If you say there is complete harmony, are you (the state administration) not creating a line of division between the two communities by your action?” asked Justice Tandon.<\/span>

When the AG reiterated that the state had taken the decision to prevent any untoward incident, the acting chief justice observed, “Let them live in harmony, do not create a line between them.”<\/span>

The court further said it was advocating peace, harmony and living together.<\/span>

The hearing in the three PILs was concluded and the order is scheduled to be passed tomorrow.<\/span><\/p>\n

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