Mumbai: The Bombay High Court has dismissed a Public Interest Litigation (PIL) that sought to restrain state functionaries from attending religious rituals and performing bhoomi pooja. The court noted that the PIL was nothing but wastage of previous judicial time.
The HC dismissed the PIL filed by a public trust Forum for Fast Justice and Bhagvanji Raiayni in 2020 urged the court to direct authorities to stop using public premises for installing any idol or picture of any deity, except those of the Father of the Nation, the President, or the Prime Minister, and to prohibit the performance of any pujas or similar rites.
The plea further sought a ban on ritualistic pujas, idol immersion, and the disposal of dead bodies in natural water bodies to prevent environmental hazards.
Raiayni, relied on newspaper reports, and sought that ministers should be stopped from leaving their offices during working hours for temple visits and religious rites, visiting voters' constituencies, and addressing election rallies during electioneering, as they are paid public servants.
The court, however, noted that the plea failed to make out any legal ground for relief except for making general assertions.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said that the prayers in the PIL are omnibus in nature. “The PIL petition, in our opinion, does not make out any legal ground except for making general assertions and seeking a prayer that Court may advice the State to amend the Representation of People Act,” the judges added.
This petition, styled as PIL petition, made generalised statements and prayed for omnibus reliefs stating that the petitioners are anguished by “blatant defiance of the secular and democratic character of the provisions contained in the Indian Constitution”. It claimed that whatever be the personal faith or belief of a judge, he has to abide by the tenets of the constitution and the laws and that he should be possessed with skill of acumen and judicial courage of fearless judgments.
“The entire petition does not make out any legal ground for seeking the reliefs prayed therein,” the Hc said while dismissing the PIL. The judges underscored that it is expected on one hand to encourage the genuine causes being brought before it however, at the same time, attempts by filing such baseless petitions and petitions based on completely unsubstantiated legal grounds should be discouraged.
