R Manikanth Varma vs State Of Andhra Pradesh,
2021 Latest Caselaw 3429 AP

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 HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

              Writ Petition No.19646 of 2021
Order:

     This writ petition under Article 226 of the Constitution

of India has been filed seeking mandamus declaring the

action of respondents 2 and 3 i.e. the Superintendent of

Police, Tirupati Urban and the Commissioner, Tirupati

Municipal Corporation in not granting permission to celebrate

Vinayaka Chavithi festival by installing Lord Ganesh statue at

Kesavayanagunta, Tirupati, Chittoor District, as illegal,

arbitrary and unconstitutional and consequently sought

direction to the respondents to accord permission to the

petitioners to celebrate Vinayaka Chavithi festival with Lord

Vinayaka statue forthwith.

2. The petitioners state that they are the residents of

Kesavayanagunta in Tirupati which is in the limits of Tirupati

Municipal Corporation. The residents of the said area

have formed into a committee in the name and style

"Sri Varasiddhi Vinayaka Chavithi Committee" for the purpose

of organizing celebration of Vinayaka Chavithi festival since

2008. They have been organizing celebration of Vinayaka

Chavithi festival smoothly for all these years. Even last year

also, they have organized Vinayaka Chavithi festival by

installing Lord Vinayaka statue during covid season by

strictly following covid norms. Accordingly this year also they

intend to organize celebration of Vinayaka Chavithi festival by

installing Lord Vinayaka statue in their area. However, when

the petitioners approached the 3rd respondent with a request

to accord permission to them to install the statue of Lord

Vinayaka and to celebrate Vinayaka Chavithi festival from

10-9-2021 onwards by strictly adhering to the norms of

Covid-19 guidelines that the 3rd respondent did not respond

to the representation submitted by the petitioners and did not

accord any permission as sought for by them. Therefore, the

petitioners are before this Court by way of this writ petition

seeking the aforesaid reliefs.

3. Heard learned counsel for the petitioners and

Sri C.Sumon, learned Assistant Government Pleader attached

to the office of the learned Advocate General.

4. Learned Assistant Government Pleader would submit

that the Principal Secretary, Home, of Central Government by

his letter dated 28-8-2021 advised the State Governments to

take suitable measures to avoid large gathering during the

ensuing festival season and if required to impose local

restrictions to curb such large gatherings in all crowded

places to prevent spread of covid related infections.

Therefore, he would submit that pursuant to the aforesaid

instructions given in the letter dated 28-8-2021 addressed by

the Principal Secretary, Home, Union of India, the Director

General of Police of the State of Andhra Pradesh by his fax

message dated 01-9-2021 gave instructions to all the Unit

Heads i.e., the Superintendents of Police in all the districts in

the State of Andhra Pradesh that no permission should be

given for erection of Ganesh pandals and installation of Lord

Ganesh idols in public places in violation of Covid-19

guidelines and that people should be counselled to perform

poojas in the houses but not in public places to prevent

spread of covid related infections in view of the threat of third

wave. Therefore, he would submit that as there is threat of

third wave, the aforesaid instructions and precautions are

essential to prevent spread of covid related infections as the

right to life of citizens is of paramount importance. He would

also rely on the judgment of the Apex Court In Re: Alarming

Newspaper Report Regarding Kanwar Yatra in State of

U.P.1, which is a matter suo motu taken up by the Apex

Court, wherein it is held thus:

"The health of the citizenry of India and their right to "life" are paramount. All other sentiments, al beit religious, are subservient to this most basic fundamental right."

5. So, the learned Assistant Government Pleader would

submit that as right to life of a citizen is of paramount

importance, the aforesaid instructions/restrictions imposed

are reasonable and the petitioners are not entitled to erect

any pandal or any such idol in a public place which may have

the effect of spreading Covid-19 related infections in view of

the threat of third wave that looms large in the present

situation. So, he would pray for dismissal of the writ petition.

1 Suo Motu Writ (C) No.5/2021, dated 16-7-2021

6. Learned counsel for the petitioners would submit that

the Court may impose certain restrictions to enable the

members of the committee and inhabitants of the locality to

celebrate Vinayaka Chavithi festival as per custom and usage

which is their religious right and the petitioners are ready to

abide by the directions that may be issued by this Court to

prevent spread of any covid related infections. He would

contend that the Government has permitted to run the

schools and to exhibit films in the cinema theatres etc., and

as such there cannot be any restrictions on celebrating

Vinayaka Chavithi festival as per the custom and usage.

Therefore, he would pray to allow the writ petition.

7. No doubt, right to life is very precious which is of

paramount consideration as enshrined in Article 21 of the

Constitution of India. At the same time, right to manage

religious affairs of a citizen of the country is also

a fundamental right as enshrined under Article 26(b) of the

Constitution of India. The said right to manage religious

affairs of every religious denomination or any section thereof,

no doubt, is subject to public order, morality and health of

citizenry. Therefore, having regard to the fundamental right

of the petitioners under Article 26(b) of the Constitution of

India to manage their religious affairs, the State has to strike

a balance between right to life as enshrined under Article 21

of the Constitution of India and right to manage religious

affairs of a citizen of the country as enshrined under Article

26(b) of the Constitution of India. There cannot be any total

ban or any restrictions preventing the citizens of the country

who belong to a particular religious denomination or any

section thereof from celebrating their religious festivals like

Vinayaka Chavithi festival etc., as per their custom and usage

which is prevailing from times immemorial. Even though

there can be no total ban on managing such religious affairs,

reasonable restrictions can be imposed as the said right to

manage religious affairs is subject to public order, morality

and health. When situation demands, reasonable restrictions

can be imposed to manage such religious affairs to enable the

citizens to manage their religious affairs, in the larger interest

of public order and health of citizens of the State.

8. Therefore, in the facts and circumstances of the case,

this Court is of the considered view that instead of imposing

a total ban which may have the effect of preventing the

petitioners from exercising their right to manage religious

affairs, that the ends of justice would meet, if reasonable

restrictions are imposed on them to celebrate Vinayaka

Chavithi festival which is part of the management of their

religious affairs as enshrined under Article 26(b) of the

Constitution of India, taking into consideration of the fact

that the threat of third wave also looms large in the present

circumstances.

9. Therefore, in the facts and circumstances of the case,

this Court is of the considered view that the petitioners

should be permitted to celebrate Vinayaka Chavithi festival

which is scheduled to be held from 10-9-2021 onwards by

erecting a pandal and installing Lord Ganesh idol purely in

a private place; by allowing only five persons at a time to

have darshan or to perform pooja at the said place;

by strictly adhering to Covid-19 guidelines that are issued by

the State Government and also the Central Government;

with a direction that the petitioners shall not under any

circumstances erect any pandal or install any idol of Lord

Ganesh in any public place either on the road or in a place

where there is possibility of having huge public gathering.

10. In the facts and circumstances of the case, the writ

petition is disposed of with the following directions:

(i) The respondents-Police officials shall accord

permission to the petitioners to celebrate Vinayaka Chavithi

festival.

(ii) The petitioners shall celebrate Vinayaka Chavithi

festival which is scheduled to be held from 10-9-2021 by

erecting a pandal and installing Lord Ganesh idol purely in

a private place.

(iii) The Committee shall not permit more than five

members at a time to perform pooja or other rituals at the

place where Lord Ganesh idol is installed.

(iv) The Committee should not permit huge public

gathering of more than five persons at a time.

(v) The Committee shall strictly adhere to Covid-19

guidelines issued from time to time by the Central

Government and the State Government of Andhra Pradesh i.e.

wearing masks and maintaining social distance etc.

(vi) The 2nd respondent-Superintendent of Police,

Tirupati Urban, shall take necessary steps to depute adequate

Police personnel to prevent huge public gathering and to

allow only five persons at a time to have darshan and to

perform pooja at the place where Lord Ganesh idol is

installed.

(vii) At the time of immersion of the idol, Police have to

take all necessary steps to permit the devotees to participate

in the celebration of the event by following Covid-19

guidelines.

Pending applications, if any, shall stand closed.

No costs.

_________________________________________ CHEEKATI MANAVENDRANATH ROY, J.

08th September, 2021.

Ak

HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition No.19646 of 2021

08th September, 2021.

(Ak)