Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

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Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October 2020, by clarifying and modifying its previous Order dated 23rd October 2020. It had allowed the Petitioner to conduct Dussehra procession on three open trucks, as requested by him.

Background

The Petitioner’s representation to seek permission to celebrate Dussehra Julus on 25th October 2020 had been rejected by the State in its Order dated 21st October 2020. So, aggrieved by the said Order, a Writ Petition was filed by the Petitioner. Hence, this Order was then modified by the Court, by an Order dated 23rd October 2020 in regard to the Writ Petition No. 7303 of 2020.

The Order permitted the Petitioner to celebrate Dussehra Julus, but only by a procession on two large open trucks, and certain conditions and restrictions were also imposed. A praecipe was moved by the respondent/ State of Maharashtra for further clarification of the said order. Petitioner had also submitted arguments in this regard about the non-feasibility of procession on only two trucks. The Order dated 25th October 2020 had thus further modified the previous order.

Submissions before the Court

Petitioner’s Submissions

Mr R.S. Deshmukh, the learned Senior Advocate for the Petitioner, submitted that for a procession on Dussehra, it was not feasible to accommodate five large horses, sixteen Nishan Sahib in two open trucks. So, he had requested one additional truck to be allowed along with the two trucks which had been already permitted by this Court in its Order dated 23rd October 2020 to conduct the ceremony.

Respondent’s Submissions

Mr Rahul Chitnis, the counsel for the Respondent/State submitted that one of the reasons for moving the praecipe was that, the Secretary of the Petitioner had not tendered the undertaking on 24th October 2020. It was also contended that it was only when the praecipe had been moved, that the State had received the Secretary’s undertaking. He further submitted that other office bearers should also be directed to give an undertaking.

He asserted that the Respondent/State had received feedback that some youths were also not ready to abide by the Order passed by the Court. But, when asked, Mr Chitnis, after consulting the Superintendent of Police, Nanded, and the Collector, Nanded, had also submitted that the administration would allow the Petitioner one additional truck for the ceremony.

Consideration by Court

The Court had clarified that before passing the Order dated 23rd October 2020, the learned Senior Advocate for the Petitioner, the learned Senior Advocate for the State/Respondent and also the learned Advocate General for the State of Maharashtra had been heard. The Court had further clarified that in addition to considering their submissions, the Court had observed in para No. 3 of the Order, that it had asked the learned advocates of both sides to find a solution. Thereafter, the Order was passed.

It was also contended that the Order dated 23rd October 2020, had only modified the Order dated 21st October 2020 as passed by the Respondent/State. If something would be done beyond the Order, then it was open for the law enforcement agency and the State to take required action and maintain law and order.

Court’s Directions

In light of the submissions put forth by both parties, the Court permitted the Petitioner an additional truck. Moreover, in these three open trucks, the Petitioner could accommodate the horses, Nishan Sahib and Kirtan Jathe, Palkhi Sahib as was permitted in the earlier Order.

The Court directed that the persons who would give an undertaking would be permitted on these trucks so as to supervise the event. Further, the Petitioner will be bound to comply with all the conditions prescribed under the Order dated 23rd October 2020. Hence, the motion had been disposed of. 

Click here to read Judgment.


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