Restricting Rath Yatra & Imposing Conditions Would Amount To Interference With Religious Practice: Calcutta High Court

The Calcutta High Court yesterday in a plea said that restricting Rath Yatra and imposing conditions upon the same would amount to an interference with the religious practice which has not happened to date.

A Single Bench of Justice Rajasekhar Mantha observed, “Insofar as the sensitivity issue raised by the police, this Court is of the view that over the decades and centuries, people of all the religious denominations have participated with joy and/or actively supported Rathyatra in this State. To restrict a Rathyatra, and to impose conditions therefor would amount to interference with a religious practice which has not happened in this State or any other part of the country, till date.”

The Bench also said that such a festival and practice is being followed in this country for thousands of years and it would be grossly inappropriate on the part of the police to dictate that the deity has to travel without a chariot halfway on the journey i.e., for about 300 meters.

Advocates Phiroze Edulji and Ajit Mishra appeared on behalf of the petitioner while Sr. St. Counsel Amitesh Banerjee, and Advocates Amal Kr. Sen and Lal Mohan Basu appeared on behalf of the State.

In this case, on an extreme urgency, the matter relating to the Rath Yatra was listed and taken up yesterday afternoon. The counsel for the State submitted that the notice was far too short for him to obtain appropriate instructions from the office of the Commissioner of Police, Howrah, and the police station.

The police station was approached by the petitioner earlier and it was orally informed that the Rath Yatra could not be allowed by the police in the area from the Jagannath Temple near the gate of Delta Jute Mill to Beltala More. An application was filed seeking modification of the order passed on June 16, 2023, to permit the petitioner to carry the deity from the temple located near the said area and thereafter proceed from Beltala More on the chariot towards KDT Pole and even thereafter need be.

The High Court after hearing the counsel noted, “Having heard the learned counsel for the parties, this Court is of the view that to require the petitioner to physically carry the deity from the temple located near the Delta Jute Mill gate to Beltala More without a chariot, would negate, defeat and compromise the object and purpose of the Rathyatra.”

The Court further noted that a Rath Yatra as folklore and mythology would have, meant for the deity Lord Jagannath and Balabhadra to travel on a chariot from their house to their sister’s house/aunt’s house to visit and to see an unwell aunt.

“In those circumstances, if there is any anticipation of any vested interest or elements to disrupt the religious function, appropriate and stern procedural measures shall be taken by the police”, observed the Court.

The Court directed that the petitioner shall maintain peace and harmony in the procession of the Rath Yatra and said that the order dated June 16 remains without being modified.

Accordingly, the Court disposed of the plea.

Cause Title- Manoj Mishra v. State of West Bengal & Ors.

Click here to read/download the Order