Police restricting Rath Yatra would amount to interference with religious practice: Calcutta High Court

The Calcutta High Court on Monday criticised the State police for not allowing a chariot procession in Sankrail, Howrah during the Jagannath Rath Yatra this year, noting that the conditions set by the police amounted to interference with religious practice. [Manoj Mishra v. State]

In particular, the Court referred to a directive that devotees should carry the idol without a chariot for a part of the journey.

Justice Rajasekhar Mantha observed that it would be highly inappropriate for the police to mandate that the deity must travel without a chariot for approximately 300 meters during the journey. The same would negate, defeat and compromise the object and purpose of the Rath Yatra, he said.

"Over the decades and centuries, people of all the religious denominations have participated with joy and/or actively supported Rathyatra in this State. To restrict a Rathyatra, and to impose conditions therefor would amount to interference with a religious practice which has not happened in this State or any other part of the country, till date," the order stated.

The Court also noted that as per the beliefs of the devotees, the deity is meant to travel on a chariot and that such a practice has been followed for thousands of years in India.

"A Rathyatra as folklore and mythology would have, meant for the deity Lord Jagannath and Balabhadra to travel on a chariot from their house to their sister’s house/aunt’s house to visit and to see an unwell aunt. Such festival and practice is being followed in this Country for thousands of years," the Court said.

The order was passed in an application filed by a man who had earlier moved the Court seeking permission to hold the Rath Yatra in a particular area. The Court, on June 16, had asked the petitioner to approach the concerned police authorities for permission.

Aggrieved by the police's response to the request, the petitioner approached the High Court by way of an application.

While disposing of this application, the Court added that if there is any anticipation of there being vested interests or elements that intend to disrupt the religious function, the police must take necessary and stringent procedural measures to address the same.

"The petitioner shall as already directed earlier, maintain peace and harmony in the procession of the Rathyatra. The order dated June 16, 2023 remains without being modified," the Court ordered.

Advocates Phiroze Edulji, Ajit Mishra, Manabendra Bandapadhyay, Ravi Ranjan Kumar, Abhishek Dey and B Singh represented the petitioner.

Advocates Amitesh Banerjee Amal Kr Sen and Lal Mohan Basu appeared for the respondents.

[Read Order]