Madras HC refuses to interfere in the restrictions imposed by State for Vinayagar Chaturthi celebrations

The first bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalau before whom a plea moved in this regard seeking to quash the Government order issued in such regard on August 30, 2021, said “Since restrictions have been announced in public interest and there is no certainty that the pandemic had altogether abated, the impugned notification cannot be interfered with.” 

The bench also recorded that the impugned notification has been issued in compliance with the orders of the court passed on a batch of writ petitions on August 21, 2020. 

The plea moved by Ela Ganapathi as a public interest litigation had sought to quash the notification with respect to the overall banning of installation of Vinayaka idols in public places and taking them out in procession for immersion in either waterbodies or the sea. 

The plea claimed that the Government instead of imposing a complete ban on installation of idols and procession, should consider putting some mechanism of regulating the public gatherings with the assistance of the police in maintaining social distancing norms during the procession and immersion of Vinayakar idols. 

Allowing the celebration of Vinaygar Chaturthi procession would give a chance to forget the tough days of Covid19 lockdown and the resultant mental and economic stress. Therefore, the State should not act as an obstacle for such an occasion by putting unjust restrictions on its citizen to exercise their right to freedom of religion, the plea added.