Supreme Court to take call on use of public places for religion

New Delhi: The Supreme Court on Friday referred to a Constitution Bench, an important question of law as to whether public places like parks can be used for organising religious activities since India is a secular country.

A bench of Justices Rohinton Nariman and Ms. Indu Malhotra referred the matter to a Constitution bench while dealing with a petition filed by Jyoti Jagran Mandal, an organisation seeking permission to hold “jagran” (midnight mass) as part of worship of the Goddess in a Park in south-west Delhi.

The organisation had filed an appeal against the National Green Tribunal’s (NGT) which refused to grant it permission on environmental and public order grounds. 

The bench observed “Prima facie we feel there is nothing wrong in the NGT order.” But the Bench chose to refer the matter to a larger bench since it involved substantial question of law.

“We think that what the NGT has done is right,” Justice Nariman told advocate Fuzail Ayyubi, appearing for the organisation. 

The counsel told the court that the jagran also known as “Mata Ki Chowki” was similar to the annual Ram Leela held in the capital for which the NGT had granted permission even in October 2017.  As such there cannot be any discrimination against the proposed jagran, the counsel said the organization has been conducting the same for the last 40 years at the designated park. 

Justice Indu Malhotra suggested holding the function inside a banquet hall.  However, justice Nariman said: “I think this is a constitutional issue and feel it is not permitted as per the Constitution. We will refer it to the constitution bench and let the Chief Justice look into it.” 

Accordingly the court referred the matter to the CJI for constituting an appropriate bench to deal with the issue.