New Delhi Sept 9(ILNS): The Delhi High Court, today, refused to entertain the plea seeking to declare as illegal the Delhi Government move from organizing Ganesh Chaturthi celebrations amidst the COVID-19 pandemic.
The Division Bench comprising of Chief Justice D N Patel and Justice Jyoti Singh while observing that the Petition was filed hurriedly and without doing proper homework allowed the petitioner to withdraw the petition and granted him liberty to file a fresh plea with proper averments in accordance with the law before an appropriate forum.
The Petition has been filed by Advocate ML Sharma in person who argued that he got to know through media that the Delhi Government has been inviting people to join Ganesh Puja organized by it.
Sharma stated that the conduct and promotion of religious worship by the state and advertisement on television channels from the state treasury is contra to the Art 21, 25, and 14 and the basic structure of secularism a serious injury to the constitutional mandate to the citizen of India.
It said the religious program was being funded by the state government for political and electoral gain and is liable to be stopped.
Sharma further alleged that the Government has been running advertisements for the past 15 days, regarding the organization of the said religious celebration.
While considering the Plea, High Court asked Sharma what is your prayer in the writ petition?
Advocate ML Sharma replied that it is arbitrary to celebrate such festivals by the state in such an environment. This amounts to a criminal breach of trust.
The Judge asked lawyer Sharma whether he had screenshots or pictures of the advertisements he was referring to, whether there were any annexures.
In response to this, petition lawyer ML Sharma said that no, there is nothing like this.
The court told Sharma that as per the claims made in the petition, you have not presented any documents related to science in your petition and you are saying ‘festival, ceremony, advertisement is illegal’.
While expressing displeasure, the court said that this petition has been filed without doing any homework. If you want to file then you file a new petition. In this, we will not even issue a notice.
Lawyer ML Sharma told the court that he was sorry for this, his health was not good. Will file a new petition, but can the court ask the government whether they are going to organize the Ganesh Chaturthi festival or not?.
After which the Delhi High Court, rejecting the prayer of petition lawyer ML Sharma, allowed him to withdraw the existing petition and file a fresh petition before the court.
Earlier on the Supreme Court denied urgent listing of a plea to prohibit the Delhi Government from organizing Ganesh Chaturthi celebrations amidst the COVID-19 pandemic./ILNS/SS/SNG