Hon'ble Mushaffey Ahmad,J.
This writ petition has been filed with the prayer for quashing the order dated 26.9.2012 passed by the Sub-Divisional Magistrate, respondent no. 3 whereby permission to hold the Durga Puja during Navratri from 16.10.2012 to 24.10.2012 has been refused on the ground that there is likelihood of the communal tension. Challenging the said order as well as praying that the security be provided for celebrating the Durga Puja festival in the village in question, this writ petition has been filed.
We have heard Sri Tripathi B.G. Bhai, learned counsel for the petitioner as well as Sri Yashwant Varma, learned Chief Standing Counsel appearing for the respondents and have perused the record.
Time was granted to Sri Varma for obtaining instructions, which he states that he has received, and the same are taken on record. With consent of the learned counsel for the parties, we dispose of this writ petition at this stage without calling for a counter affidavit.
The submission of the learned counsel for the petitioner is that the plot in question where the Durga Puja celebrations are to be held, belongs to the petitioner and is at a distance of over 100 meters from the Masjid in the village. The learned Chief Standing Counsel disputes the same and as per his instructions, the plot is in the vicinity of the Masjid, at a distance of about 50 meters.
The ground taken in the order passed by the Sub-Divisional Magistrate is that since similar attempt of holding Durga Puja during previoius Navratri in 2011 was made on the same the plot and since there was tension in the village, hence the permission to hold the Durga Puja this year was being denied.
It is unfortunate that the administration refuses permission for holding Puja in our secular State especially during festival season. Merely because there is likelihood of communal tension as there is large population of Muslims in the village, as has been stated in the order, should not prevent the other community from holding their religious festivals. Every citizen has a right to profess his religion. If this stand, as have been taken by the authorities, is permitted then in an area where there are persons of other religion in majority, the persons of those who are of different religion and in minority, will never be permitted to hold their religious functions and festivals. It is for the administration to assess as to where such function for celebrating the festivals can be permitted. If the same is not possible on a plot which is adjacent or in the vicinity of a religious place of the other religion, the correct approach of the authorities should have been to require the petitioner to shift the venue of the Durga Puja to a place which is at a reasonable distance from the Masjid. This Court would also not want that there should be communal tension because of Durga Puja being celebrated close to a Masjid but at the same time the Court cannot shut its eyes to the fact that all communities have to live in this country, cities and villages in harmony. If a particular group of persons tries to create any hindrance in holding of Durga Puja, which is to be held only once in a year for nine days during Navratri, then it is for the administration to check the same and take necessary steps in that direction. Denying permission to hold puja during Navratri or holding festivities during 'id' or Christmas on the apprehension that there could be communal tension would only go to show the incompetence of the administration. It would be something like the administration asking citizens not to move out of their homes after sunset to avoid being robbed. We are of the opinion that the State administration cannot be permitted to take such a stand.
In our view, denial of holding Durga Puja in the village, as has been done by the impugned order, cannot be justified in law. If at all there is some difficulty in permitting to hold Durga Puja during Navratri at a place where the petitioner is wanting to hold such function because of it being close to the Masjid, the administration ought to have given an alternative site where the Durga Puja could be held during such period.
In view of the aforesaid, we are of the opinion that the impugned order dated 26.9.2012 deserves to be quashed and is, accordingly, set aside. We, however, direct that the respondents no. 2, 3 and 4, the District Magistrate, Siddharth Nagar, Sub-Divisional Magistrate, Dumariyaganj, district Siddharth Nagar and the Station Officer Incharge, Police Station, Trilokpur, district Siddharth Nagar to ensure that the petitioner is permitted to hold Durga Puja for the remaining days of this Navratri at the place which may be in the same village around 500 meters away from the Masjid and ensure that there is no disturbance amongst the residents of the village. Since the petitioner was proposing to hold Durga Puja on his own plot which was measuring 650 Sq. meters, and the petitioner is not being permitted to hold Puja on the said plot, as such, we direct that the Sub-Divisional Magistrate, respondent no. 3 shall ensure that adequate land measuring about 500 Sq. meters shall be provided to the petitioner at a distance of around 0.5 kilometers from the Masjid of the village where the Durga Puja can be held for the remaining period. Such arrangement shall be ensured by the respondent no. 3 within 24 hours of the petitioner filing a certified copy of this order before the respondent no. 3. The petitioner undertakes that the performance of the Durga Puja will be peaceful and without use of loudspeakers.
This writ petition stands allowed to the extent indicated as above. No order as to costs.
Let a copy of this order be issued to the learned counsel for the parties today on payment of usual charges.
Order Date :- 18.10.2012 p.s.
(Mushaffey Ahmad, J.) (Vineet Saran, J.)