Breaking News HC says PIL filed without doing Home Work, dismisses...

HC says PIL filed without doing Home Work, dismisses plea seeking to declare release of advertisements on Ganesh Chaturthi amid the Covid-19 as illegal


New Delhi Sept 9 (ILNS) The Delhi High Court today refused to entertain a plea by Advocate Manohar Lal Sharma alleging that the release of advertisements on various television channels by the Delhi Government in respect of organizing Ganesh Chaturthi celebrations amid the Covid-19 pandemic is illegal and unconstitutional.
The Division Bench led by Chief Justice D.N. Patel and Justice Jyoti Singh was not even inclined to issue notice in the matter on the ground that the petition has been filed without annexing the alleged ‘advertisements’.
“Where are the advertisements?…How can we allow your matter without looking at the advertisements?,” the Bench asked Sharma.
He responded that he tried to record the advertisement, but did not succeed. 
The Bench orally remarked that the petition is filed without doing any ‘homework’. At this stage, Sharma expressed his willingness to withdraw the present petition with a liberty to file a fresh petition with proper averments, allegations and annexures. The Bench granted liberty to Sharma to file a fresh litigation in accordance with law before appropriate forum and accordingly, the petition was disposed of as withdrawn. 
According to Sharma, on September 7, 2021, he came across an advertisement, which was being  shown on CNBC, calling in people to join the ‘Ganesh Puja’ organised by the Delhi Government. He alleged that the said advertisement is being shown on various television channels since past 10-15 days.The plea claimed that it is all being funded by the State government for political and electoral gain and is liable to be stopped. It is further added that this act of the Delhi Government is contrary to Articles 14, 21 and 25, and violates the basic structure of the Constitution.
In light of the above, the petitioner prayed for declaring religious promotion by the Centre and the Delhi Government to be illegal, arbitrary and unconstitutional inasmuch as the same is in violation of the decision of the Apex Court in the case of “S.R Bommai vs. Union of India”. In addition, the petitioner prayed for declaring conduct of religious ceremony or promotion by the Delhi Government from State treasury, and release of advertisement in respect of the same, to be illegal, arbitrary and unconstitutional. 
The plea also sought for initiation of criminal action against Delhi Chief Minister Arvind Kejriwal as well as other ministers for using public funds for promoting politically vested interests.
The plea reads, “Under our Constitution, there shall be no religion in politics just as there shall be no politics in religion.”
Recently, the Delhi Disaster Management Authority (DDMA) issued a notification prohibiting Ganesh Chaturthi celebrations at public places in the national capital in view of the Covid-19 pandemic./ILNS/KR/SNG


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