Calcutta High Court Sets Aside Restriction Imposed By State On Use Of Musical Instruments During Shobha Yatra For Rash Utsab

The bench, however, refused to lift the restriction allowing only 3-5 persons to participate in the procession for puja offering.

A bench of Justice Jay Sengupta, accordingly observed, “The restriction that for every puja offering, three to five persons would participate in a march/procession appears to be quite reasonable. So, the same is not interfered with. However, the devotees should not be prevented from using musical instruments in the “Shobha Yatra” provided that the sound is within permissible limits. Therefore, the relevant restriction stands modified accordingly”.

Advocate Debanshu Ghora appeared for the petitioner and Advocate Ansar Mondal appeared for the respondent.

The application was filed challenging certain restrictions imposed on conducting processions /offering puja during Rash utshab. In the matter, it was put forth that playing instruments like ‘khol’, ‘kartal’, etc in the Shobha Yatra is an essential religious practice.

Therefore, the petitioner had contended that with the ban put on the use of musical instruments, the local police administration in league with Nabadwip Central Rash Utsab Committee was trying to stifle the rights of common citizens of Nabadwip in performing ‘Shobha Yatra’ during Rash Purnima.

However, the State refusing the allegations said that the restrictions have been imposed only to maintain law and order, since it is an international event. While it further submitted that many FIRs were registered last year due to many incidents that happened during the festival.

The Court, thus, after considering the facts and circumstances refused to accept State’s contentions, thereby disposing of the writ petition.

The bench also took note of the petitioner’s undertaking to not cause any disturbance and to follow all other norms in conducting their “Shobha Yatra”.

Cause Title: Subha Saha v. The State of West Bengal & Ors.