http://timesofindia.indiatimes.com/india/HC-order-affects-our-right-to-religion-BJP-on-noise-curbs-during-religious-fests/articleshow/48000933.cms
HC order affects our right to religion: BJP on noise curbs during religious fests
by Rosy Sequeira,TNN | Jul 9, 2015, 01.53 PM IST
HC order affects our right to religion: BJP on noise curbs during religious fests
The Bombay HC has passed a slew of interim directions on a public interest litigatiion by Dr Mahesh Bedekar on the menace during festivals in Thane.
MUMBAI: Bharatiya Janata Party, Mumbai, has moved the Bombay High Court saying its order to curb noise pollution during religious festivals directly affects its right to profess religion.
An intervention application was filed through its general secretary Sunil Rane pointing that it is the largest political party in Maharashtra Assembly and also largest political party in the world in terms of primary membership. Its advocate Girish Kulkarni on Thursday told a bench of justice Abhay Oka and justice Revati Mohite Dere that it is representing over 400 mandals organizing religious festivals like Ganeshotsav, Navratri and Janmashtami.
The court has passed a slew of interim directions on a public interest litigation by Dr Mahesh Bedekar on the menace during festivals in Thane. On June 23 it said denial of permission to erect temporary pandals on public streets and footpaths for religious festivals shall not amount to a breach of fundamental right to religion unless the organizers prove that the place has religious significance. It directed that the municipal commissioner while exercising discretionary power to granting permission under Maharashtra Municipal Corporations Act and Mumbai Municipal Corporations "shall be bound to consider the right of citizens to have roads in reasonable condition" as held by its May 20 order.
BJP's intervention application said it organizes and celebrates festivals at various places and puts up mandaps/pandals but the same is done with reasonable care without infringing on the rights of citizens of India. "However pursuant to the order passed by the Hon'ble court the right of the applicants to profess their religion is affected," it said. It pointed out that hence it is an interested party "so that they (sic) can assist the High Court to reach a just and reasonable conclusion."
BJP's application also recalled there was a time when 365 days festivals would be observed but now "only 10-12 festivals are celebrated." It also stated that if the party is not allowed to intervene, "they (sic) would be required to initiate separate proceedings which may lead to conflict in judicial decisions which is not desirable in the facts and circumstances of the present case."
Kulkarni submitted that his client wants to "assist the court as there is no consistency" and also put out the "grievances" of the affected mandals. The bench said it is not considering "anybody's" grievance but implementation of the law." "Do you want the (Noise Pollution) Rules to be breached during festivals?" asked Justice Oka. The matter will be heard next after a week.