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The question which has come before the court is that whether the religious functions like Jagran or Ramleela can be held in Public Places. The matter travelled to the Court from the National Green Tribunal (NGT) which refused permission for holding a “Mata ki Chowki”, a kind of religious function, in a park at Lajwanti Garden near Jahangirpuri in Delhi. Before the tribunal, the organisers said in matters of organising religious functions, there cannot be any discrimination. It pointed out that a year ago, the NGT allowed Ramlila and Durga Puja functions to be held in the same park. However, in May 2018 their plea was rejected.
The present petition has been filed by an organisation by the name of Jyoti Jagran Manda challenging the order of the tribunal.
The bench of justices RF Nariman and Indu Malhotra in the Supreme Court stated that there was no need to interfere with the tribunal’s order. According to the judges, these functions ought to be held in private spaces and cannot occupy public space. The Bench said, “This matter involves important constitutional questions. In a secular country, how can religious functions be conducted in public places.”
The court agreed to the fact that the question involves conflict of Fundamental rights. While the organisers claimed that holding of religious function is part of their right to practice religion under Article 25 and 26, there is a contesting right of citizens who feel their right to live peacefully and right to access is affected under Article 21. The matter has been referred to a Constitution Bench to be constituted by CJI. A minimum of five judges will hear the matter to determine this question.
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