Bombay High Court Allows Sikh Community To Carry Out a Three-Century-Old Procession With Conditions in Nanded

Must Read

Delhi High Court Holds That False Allegation of Impotency Against Husband Constitutes Cruelty Under Hindu Marriage Act

A false allegation of impotency against the husband would amount to cruelty under the Hindu Marriage Act. The written...

Supreme Court Affirms Decision Passed by the High Court in the Case of Jayantilal Verma V. State of M.P. (Now Chhattisgarh)

The appellant filed this appeal before the Supreme Court against the judgment passed by the High Court, convicting the...

Telangana High Court Pulls up State Government Over COVID Test Numbers

Telangana High Court on 19.11.2020, warned the State Government to be wary of the second wave of COVID-19 and...

Supreme Court Modifies Judgment of Kerala High Court, Reduces the Sentence and Compensation of the Appellants

The criminal appeal was filed by the accused, aggrieved by the judgment of conviction and sentence also the judgment...

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Follow us

A Writ Petition was filed by The Takht Sachkand Shri Hazur Apchalnagar Sahib Board, Nanded assailing an order dated 21st October 2020 passed by the Maharashtra State Disaster Management Authority (SDMA). The court allowed the plea of the Petitioners after imposing certain conditions.

Background

The Takht Sachkand Shri Hazur Apchalnagar Sahib Board, Nander (“Petitioner”) filed a Writ Petition under Article 226 of the Constitution of India in the Aurangabad Bench of the Bombay HC against an order dated 21st October 2020 passed by the SDMA (“the impugned order”). In the impugned order, the SDMA rejected the Petitioner’s request to conduct the Takhat Isnan, Dipmala Mahalla, Gurta Gaddi Kirtan, and Gurta-Gaddi Sampathi Kirtan Darbar Nagar Kirtan – a three-century-old Dussehra procession in Nanded. The Sikh Community thus sought relief against the aforesaid impugned order.

Court’s Observations

The Petitioner agreed to conduct the event in a restricted manner in light of which the Counsel for State Mr Kamat & the Advocate General appeared for the matter. The Court stated that both parties agreed that given the limited order being passed, submissions of the parties & reasons adduced need not be recorded. The Court highlighted that the present Order was being passed by way of an exception and must not be used as a Precedent by other persons seeking similar permissions involving the congregation of people.

Court’s Order

In light of the abovementioned, the Court agreed to allow the Sikh Community to conduct the Takhat Isnan, Dipmala Mahalla, Gurta Gaddi Kirtan and Gurta-Gaddi Sampathi Kirtan Darbar Nagar Kirtan procession on Dussehra in Nanded after observing compliance with several conditions.

Firstly, the Petitioner was allowed to carry – one Palkhi Sahib with Hon’ble Shri Guru Granth Sahibji; A total of sixteen Historical Nishan Sahib; A maximum of five horses of Guru Sahib; and Three Kirthan Jathe on two large open trucks. A maximum of sixteen persons would be allowed to board one truck & a maximum of eight persons would board the other. The procession should be for a distance of 1.5 km as requested by the Petitioner and the route for the same was to be given by the authorities on 24th October 2020.

Secondly, the Petitioner was mandated to get Covid-19 tests performed for all persons who wished to board the trucks. Only persons who tested negative for Covid-19 were to be allowed to board the trucks. The aforesaid open trucks were to be accompanied by a pilot car and the escort car of the Police Department.

Thirdly, the Petitioner was ordered to video record the entire event from the commencement to the culmination.

Fourthly, a responsible officer – preferably Secretary of the Petitioner was ordered to submit an undertaking to the Respondent authorities that he shall supervise the entire proceedings and ensure that no violation of conditions imposed took place. The Secretary was also to be responsible for the proceedings to be conducted in compliance with the permissions granted.

Fifthly, the Court stated that no person was allowed to accompany the two open trucks on foot. The Court stated that the time for the proceedings was from 4:00 pm to 5:30 pm.

The Division Bench of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni proceeded to dispose of the petition with no order as to costs.

Click here to read judgment


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi High Court Holds That False Allegation of Impotency Against Husband Constitutes Cruelty Under Hindu Marriage Act

A false allegation of impotency against the husband would amount to cruelty under the Hindu Marriage Act. The written submissions would be considered, even...

Supreme Court Affirms Decision Passed by the High Court in the Case of Jayantilal Verma V. State of M.P. (Now Chhattisgarh)

The appellant filed this appeal before the Supreme Court against the judgment passed by the High Court, convicting the appellant herein for the offences...

Telangana High Court Pulls up State Government Over COVID Test Numbers

Telangana High Court on 19.11.2020, warned the State Government to be wary of the second wave of COVID-19 and directed it to step up...

Supreme Court Modifies Judgment of Kerala High Court, Reduces the Sentence and Compensation of the Appellants

The criminal appeal was filed by the accused, aggrieved by the judgment of conviction and sentence also the judgment in a criminal appeal, passed...

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

More Articles Like This

- Advertisement -