The State's power to regulate religious ceremonies is not absolute and must be based on a reasonable foundation, ensuring equality among religious communities and the protection of religious rights under Article 25.

1. These three writ-petitions are filed by some public spirited persons to achieve the identical desired relief’s with the common aims through different path. The fact emanates from the aforesaid three writ-petitions are common and in order to avoid the prolixity of repetition of facts, the short details would suffice to address the points raised before this court.

2. The first writ-petition being WP 24135 (W) of 2017 was filed and duly affirmed on September 8, 2017 challenging the action of the State in relation to the immersion of the Durga Idol on September 30, 2017 beyond 06.00 p.m. and complete embargo is created for October 1, 2017. It is stated therein that an announcement was made by the Hon'ble Chief Minister of West Bengal that there would be a restriction on the immersion of Durga Idol on September 30, 2017 beyond 06.00 p.m. and a complete prohibition on October 1, 2017. The aforesaid announcement was widely published and circulated through different medias and affects the religious sentiments of the Hindu community, more particularly, the citizens of the State where the Durga Puja is considered to be one of the major festivals. The petitioners therein have impinged the said decision of the State in absence of any policy or the declarations/notifications issued in this regard.

3. The second writ-petition being WP 23257 (W) of 2017 is at the instance of a practicing Advocate of this court for the identical reliefs based upon the similar facts. The said writ-petition was affirmed on September 5, 2017 but was filed after the earlier writ-petition. It is categorically stated in the said petition that putting restriction on immersion of Durga Idol upto 06.00 p.m. on September 30, 2017 and an absolute prohibition on October 1, 2017 has no foundation or basis. The aforesaid decision of the government is impinged on the fact that the order restricting or prohibiting the religious ceremony to be performed by a particular section of the society without any declaration/notice, is par se illegal and in colourable exercise of power.

4. The third writ-petition being WP 24530 (W) of 2017 is filed by an Association, registered under the Society Registration Act, 1860 along with their office bearers on the basis of the statement of the Hon'ble the Chief Minister posted on the official twitter account communicating her decision that except for 24 hours period on the day of Muharram, the immersion of the Durga Idol can take place on the subsequent three days. It was further indicated therein that on an auspicious day of Bijaya Dasami, immersion of the Idol is permitted upto 06.00 p.m.. According to the said writ-petitioners such decision hurts the sentiments of the Hindus and has also percolated a wrong signal in the orderly society governed by the rule of law.

5. All the aforesaid writ-petitions are filed founding basis on the statement of the Hon'ble Chief Minister of the State of West Bengal posted on her twitter account or published through various visual and printed media.

6. At the time of hearing of the aforesaid writ-petitions, a copy of the order dated September 9, 2017 issued by the Principal Secretary, Home and Hill Affairs Department of the State was submitted before the court to negate the stand of the aforesaid writ-petitioners that the said decision has been taken without following the procedure of law. The said order reveals that the decision to restrict the immersion of Durga Idol on September 30, 2017 till 06.00 p.m. and total prohibition on October 1, 2017 due to Muharram has been taken in the interest of maintaining law and order and to rule out the possibility of any untoward incidents. By a subsequent clarificatory order dated September 14, 2017, the time for immersion of Idols on September 30, 2017 was extended till 10.00 p.m.

7. A uniform argument is advanced on behalf of the petitioners of three respective writ-petitions that the aforesaid orders have no reasonable basis and issued on mere caprice, surmise