The Bombay High Court on Monday (November 9, 2026) refused Mithila Chhath Puja Sangh permission to construct a stage at Girgaon Chowpatty for Chhath Puja.
A Bench of Justices Advait Sethna and Ranjitsinha Bhonsale held that Article 25 places freedom of conscience and freedom to profess, practise and propagate religion within order, morality and health. The Bench said checks and balances under the Constitution must be followed.
The court heard the plea during vacation. The Sangh sought permission for two days to construct a stage at the beach for the festival. The police in September denied permission. The police cited an order of the High Court from 1998. The order, a document from proceedings in 1998, said Girgaon Chowpatty would host Ganeshotsav, Navratri Utsav, Ramlila, Krishnalila and Christmas, and no programme beyond those. The order set up a Monitoring Committee. The order made the Committee a party in any plea seeking permission for celebrations at Chowpatty areas in Mumbai.
The Bench noted that the plea did not make the Monitoring Committee a party and said that the plea did not justify the omission. The court said the petitioner did not place material to justify the omission. The court examined the mandate of Article 25. The court said freedom of religion carries limits under the Constitution. The court said the Constitution provides checks and balances and these must be followed.
The court said it would not pass orders at this stage. It listed the matter on reopening. It declined to direct a site for the event. It said the petitioner may pursue remedies in law. The court said it expresses no opinion on a site for the event. The court refused the plea to construct a stage at Chowpatty for Chhath Puja. The court said the petitioner may move the court on reopening.
Advocate Jogendra Thakur appeared for the petitioner. Advocates Bibhishan Sutar and Komal Punjabi represented the BMC. Assistant Government Pleader Gauri Sawant represented the State.
Published – November 11, 2026 05:08 am IST
