Madras High Court Law Insider
Madras High Court Law Insider

Snehal Upadhyay-

Published on: September 9, 2021, at 12:08 IST

The Madras High Court has denied interfering with the restrictions made by the Tamil Nadu State Government upon the public celebration of Vinayaka Chaturthi.

The Division Bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalu observed that the Right to Life is vital and only when one survives then only one can practice their Right to Practice or Profess Religion.

The Bench said, “Since the restrictions have been imposed in the public interest and there is no certainty that the pandemic has altogether abated, the notification cannot be interfered with.”

The Court passed this Order while hearing a Public Interest Writ Petition which was filed by ELA Ganapathi, the petitioner sought revocation on the state government’s order on banning the installation of Vinayaka idols in public places and taking them out in procession for immersion in water bodies.

The Court remarked that “The notification of August 30 refers to an order dated August 21, 2020, passed by this court on a batch of petitions and the directions contained therein. The notification has been issued in compliance with the directions contained in the relevant order of this Court.”

The petitioner had contended that this action of the government has hurt the sentiments of people who believe in installing Vinayaka’s idol and performing pooja would bring peace and prosperity during these tough situations COVID-19.

The petitioner further took the reference of Article 25 of the Indian Constitution which provides the Right to Conscience and free profession, practice and propagation of Religion.

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