The Himachal Pradesh High Court rules that citizens’ right to profess, practice, and propagate religion cannot be curtailed by blanket orders. The judgment emphasizes freedom of faith while maintaining public order.
Thank you for reading this post, don't forget to subscribe!
HIMACHAL PRADESH: The Himachal Pradesh High Court delivered a significant judgment reaffirming the fundamental right to profess, practice, and propagate religion under Articles 25 and 26 of the Constitution of India. This judgment comes in the backdrop of a dispute over Diwali celebrations in villages surrounding the Mahasu Devta Temple.
Background: The Diwali Dispute
The Mahasu Devta Temple, located in Gram Panchayat Gaunkhar, has long been the focal point for festivals such as Bishu, Budhi Diwali, and Poornima, celebrating communal harmony. Over time, residents of Gram Panchayats Dhar Chandna and Bawat began celebrating a new festival called ‘Nayi Diwali’, leading to conflict over temple premises.
Allegations of misbehavior by a few individuals prompted the Sub-Divisional Magistrate (SDM) to restrict villagers from entering the temple. A written agreement later allowed separate celebrations, but violations in 2023 reignited tensions, leading to a Writ Petition in the Himachal Pradesh High Court.
High Court Observations
Justice Sandeep Sharma emphasized that while the State can regulate religious activities in the interest of public order, morality, and health, it cannot impose blanket restrictions.
“Freedom to profess, practice and propagate religion… cannot be taken away by passing blanket order.”
The Court stressed that limitations on religious activities must have a “proximate connection or nexus with public order, but not one far-fetched, hypothetical or problematical.”
Addressing the alleged disturbances:
“Such illegal act, if any, on the part of handful people cannot be ground to take away the right of freedom… of public at large.”
Furthermore, the Court highlighted:
“Ultimate decision with regard [to] continuation of Diwali celebration in the courtyard of Mahasu Devta temple can only be taken by the residents of the area, after sitting together.”
Directions Issued by the Court
To balance religious freedom with public safety, the Court issued these clear directives:
- Avoid large congregations in the temple premises.
- No entry for persons under the influence of liquor or intoxicants; violations may attract penal action.
- Residents of Dhar Chandna and Bawat must ensure no nuisance during religious dances and songs.
- Police shall act against miscreants to maintain public order.
This ruling reinforces that religious freedom in India is fundamental but not absolute. Justice Sharma observed:
“Restraining villagers of one village from entering another village and stopping them from worshipping their deity, would not solve any problem, rather, would complicate the issue.”
ALSO READ: Let AI Assist, But Judges and Lawyers Must Be the Final Arbiters: Justice Surya Kant
Appearance:
Petitioners: Senior Advocates Ankush Dass Sood, N.S. Chandel, Advocates Ajay Sipahiya, Yashveer Singh Rathore, and Prashant Sharma
Respondents: Senior Advocate Shrawan Dogra, Advocate General Anup Rattan, Additional Advocates General Rajan Kahol, Vishal Panwar, Deputy Advocate General Ravi Chauhan, Advocates Bharat Thakur, Tejsavi Dogra, Bhanvi Negi, Ashir Kaith, and Ankit Kaloti.
Case Title:
Padam Sharma & Ors. v. State of Himachal Pradesh & Ors.
CWP No.12099 of 2024
READ ORDER