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2023 Supreme(All) 582

IN THE HIGH COURT OF ALLAHABAD
DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA, JJ.
Moti Lal Yadav – Petitioner
Versus
State of U.P. and Others – Respondents
Public Interest Litigation (PIL) No. 210 of 2023
Decided On : 22-03-2023

Headnote:

Constitution of India,1950 - Article 27 - Payment of taxes - Right of Freedom - Taxes for promotion - Promotion or maintenance - Religion or religious denomination - Quash - Communal riots - Misread and misconstrued – Held,Court may also make a reference to yet another judgment of Hon’ble Supreme Court in case of State and Another vs. Islamic Relief Committee - Dealing with a situation of damage destruction and desecration of religious places and institutions in communal riots Hon’ble Supreme Court repelled submissions raised on behalf of State that State cannot be commanded to repair or restore places of worship as any act on the part of State shall create a dent in secular fabric of our society - Hon’ble Supreme Court further repelled submissions made on behalf of State that expenditure in a situation for repair and restoration of any place of worship is impermissible in view of Article 27 of the Constitution - Petition Dismissed.

JUDGMENT :

1. This Public Interest Litigation Petition has been filed by a practicing lawyer of this Court praying for quashing of a Government Order/Letter dated 10.03.2023 issued by the Principal Secretary of the State Government in the department of Tourism which is addressed to all the Divisional Commissioners and the District Magistrates in the State of Uttar Pradesh.

2. By the impugned Government Order/Letter, the State Government has issued certain directions to celebrate, between 29th and 30th March, 2023, the occasion of Ashtami and Shri Ram Navami. The directions issued in the said Government Order/Letter are as follows:

    (i) By taking a special drive, participation of women and girls in the programmes be ensured and functions relating to chanting of Durga Saptshati/Devi Jagran/Devi Gayan be organized.

(ii) On the occasion of Ashtami and Shri Ram Navami, Akhand Ramayan Path be organized at main Shakti Peeth Temples to publicize human, social and national values amongst the general public and for the said purpose, committees be constituted at District, Tehsil and Development Block levels in each District.

(iii) The performers and Artists shall be selected and chosen in every district by a Committee to be chaired by the District Magistrate in co-ordination with Departments of Culture and Public Information of the State. The Programmes be organized commensurate to the glory of Ma Durga and in such programmes, the public representatives be invited while simultaneously ensuring participation of the people.

(iv) The programme is a State Level programme and hence on this occasion through the Department of Information, hoardings be put along with publicity in print media/social media about the developmental works and development of basic amenities by the Tourism Department of the State Government at Shakti Peeths and Devi Temples.

(v) At every site of the programme, the District Magistrate shall ensure sanitation, drinking water, security, lighting and laying of durries timely and the functions/programmes shall be organized only after obtaining No Objection Certificates (NOC) from the authorities at the appropriate level.

(vi) Information of all such programmes including address of the temples, photographs, GPS location and contact number of the Management of the temples etc. shall be furnished to the Department of Culture.

(vii) For the purposes of giving honorarium to the Artists/Performers in such programmes, the Department of Culture shall make available a sum of Rs. 1,00,000/- (Rupees One Lakh Only) to the District Tourist and Culture Council of every district and rest of the arrangements shall be made by the district administration at its own level.

3. The reservation expressed by the petitioner, who appears in person in this Public Interest Litigation, is in relation to the instructions contained in the impugned Government Order/Letter, whereby financial aid has been ordered to be provided.

4. Heard the petitioner in person and Sri Amitabh Rai, learned Additional Chief Standing Counsel representing the State respondents.

5. It has been argued by the petitioner that the State Government while issuing impugned Government Order/Letter has issued instructions to organize celebrations of Shri Ram Navami in the temples and to provide financial aid at Block, Tehsil and District level. According to him, the said Government Order/Letter further contains a direction to the Pujaris of the temples to perform religious practices in the garb of reducing the negative energy in the Society. The submission further is that on the one hand, the impugned Order/letter provides financial aid for performing religious activities in the temples during Navratri, however, on the other hand, the State has not made any provision for Muslims during holy month of Ramzan which, this year, starts simultaneously with start of Shri Ram Navami and accordingly, in the views of the petitioner, such action on the part of the State is discriminatory. Shri Moti Lal Yadav

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