Bombay High Court refuses permission for Chhath Puja celebrations at Girgaon Chowpatty

The Bombay High Court has denied interim relief to the Mithila Chhath Puja Sangh's application to organise Chhath Puja celebrations at Mumbai's Girgaon Chowpatty on 15 and 16 November. The court clarified that while India is a country of diverse faiths, the right to religious freedom granted under the Constitution is subject to regulations and restrictions related to public order, health and morality.

The vacation bench comprising Justice Advait M. Sheth and Justice Ranjitsinh Raja Bhonsle heard this petition. In this case, the Mithila Chhath Puja Sangh had sought permission to construct a stage and make other arrangements for a religious programme at Girgaon Chowpatty, but the DB Marg Police Station had refused permission for the same. The court delivered this decision on the application challenging the police decision.

The dispute began when the police, via a letter dated 17 September 2026, informed the organisers that the High Court has appointed a high-level committee for the management of Girgaon Chowpatty. This committee has issued specific directives regarding programmes held at the Chowpatty. According to the committee's rules, no programme other than Ganeshotsav, Navratri festival, Ramlila, Krishnalila and Christmas will be permitted at the Chowpatty. If any other type of event is to be organised, it is mandatory to obtain prior permission from all concerned departments.

Following the police letter, the organisers submitted an application to the Chief Minister of Maharashtra on 7 October seeking permission to organise Chhath Puja. The court was informed that this application submitted to the Chief Minister is still pending and no decision has been taken on it.

During the hearing, the State Government referred to a previous High Court order in the 'Adarsh Chowpatty Pragati Mandal' case dated 21 June 2018. This old order held that in any legal proceedings involving any type of event or temporary construction on the seashore, it is mandatory to make the court-appointed oversight committee a party. The court noted that when the applicant's counsel was asked whether permission had been obtained from the oversight committee in this matter or whether the committee had been made a party in this petition, they had no satisfactory answer.

The bench emphasised in this regard, "We are a country of various religions and according to Article 25 of the Constitution, every person has the right to practice their religion of choice, subject to public order, health and morality. That is why checks and balances have been created for this."

The organisers also requested the court that if Chhath Puja cannot be organised at Girgaon Chowpatty, they should be directed to an alternative venue for the organisation. However, the bench refused to comment on this request. The court observed that the applicants are free to adopt other options available under the law.

According to a report by NDTV India, the next hearing of this case will be held after the Diwali vacation. The court reiterated that although Article 25 of the Constitution grants the freedom of conscience and the right to practice and propagate religion, these rights can only be exercised within the limits of the rules of public order, morality and health.

The main issue in this entire dispute is the rules of the committee for the management of Girgaon Chowpatty and the prohibition issued by the police. The organisers had knocked on the doors of the court challenging this prohibition, but the court has refused to grant interim relief, keeping in view the legal process and the existence of the committee.