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Upendra Bharti | HENB | Kolkata | Oct 10, 2016:: The Durga Immersion trail in Calcutta High Court has reached its heights to uphold its single bench order of Justice Dipankar Dutta setting aside State Govt’s arbitrary, illegal and not written restriction to compete Bijoya Dashami immersion within 4.00 pm of 11 Oct 2016.
Some hours back, the Spl Bench of Nishita Mhatre, J. and Tapabrata Chakraborty, J. of Calcutta High Court upheld the decision of Justice Dipankar Dutta as passed on 06.10.2016
The Calcutta High Court has held the time limits set by the West Bengal government for Durga idol immersion next week, on account of Muharram, as “arbitrary” and said the order was a “clear endeavour” by the state to “appease the minority section of the public”.
While noting that “we live in difficult times” and it would be “dangerous to mix politics with religion”, the order of October 6 by a single-member bench of Justice Dipankar Dutta said no decision should be taken that could pit “one community against another”, and that “intolerance would rise in the event of such arbitrary decision” of the government.
“There has been a clear endeavour on the part of the state government to pamper and appease the minority section of the public at the cost of the majority section without there being any plausible justification. The reason therefore is, however, not far to seek,” the court added.
Noting that “there has never been a holiday” declared by the state or Centre on the eve of Muharram to “facilitate processions (tazia)”, the court said, “The administration has failed to take note of the fact that Moharram is also not the most important festival of people having faith in Islam… To put it curtly, the state government has been irresponsibly brazen in its conduct of being partial to one community, thereby infringing upon the fundamental rights of people worshipping Maa Durga.”
The judge added, “Never has there been a restriction on immersion of Durga idols on Bijoya Dashami at any earlier point of time. It has been brought to the notice of this Bench that in the years 1982 and 1983, Moharram was observed on the day following Bijoya Dashami, but no restriction of the nature impugned herein was imposed.”
The order further said that Bijoy Dashami is a ritual for “puritan Hindus”, that can’t be “postponed to a day” beyond Bijoy Dashami, or “preponed at the whims” of the state government.
Justice Dutta felt that apart from the fact that the restrictions on idol immersion were “unprecedented” in Bengal’s history, there is “no decision in black and white taken either by the civil administration or by the police administration indicating any reason for imposing the impugned restriction”.
The state government’s time restrictions pertained to Durga Pujas held in households and those organised by apartment complexes or societies. The directive, issued sometime in early August, said nobody could immerse the idols after 4 pm on Bijoya Dashami.
In his order, Justice Dutta allowed the three petitioners, representing two households and an apartment complex, to immerse their idols by 8.30 pm on Bijoya Dashami, and said the government’s order would apply to other households or apartment complexes as well.
The bigger puja pandals have already declared they would immerse their idols after Muharram.
To get a stay on the decision of of Justice Dutta directing immersion beyond stipulated 4.00 pm, the state counsels applied petitions through CAN Nos. 10710, 10709 & 10708 of 2016. The Spl Bench of Nishita Mhatre, J. and Tapabrata Chakraborty, J. of Calcutta High Court dismissed the Govt petitions by saying, “Heard the learned Counsel for the parties. We do not find it necessary to pass any order, staying the judgment of the learned Single Judge.
Hence, all the stay petitions, being CAN Nos. 10710, 10709 & 10708 of 2016, are dismissed.”
With the spirit of this latest decision of Calcutta High Court today, The petitioners of connected cases, Ajoy Kumar Dutt & Another, Sandip Bera, Amrita Lal Dhar and the stakeholders of household pujas and puja organisers in Housing complexes will be able to make Durga immersion beyond 4.00 pm.
As Justice Dutta’s single bench decision is upheld by Justice N Mhatre and Justice T Chakraborty’s double bench, now it is obviously valid as “There being no valid decision of the State Government prohibiting immersion beyond 4.00 p.m. on Bijoya Dashami, such prohibition shall also not apply to other household pujas and pujas organized by apartment owners in their respective complexes.
The police administration in coordination with the civil administration shall sit together in the next couple of days and identify the routes which are to be followed by immersion processions and processions (tajia) taken out by the Muslim community.” (delivered as 06-10-2016 by Justice Dutta).
As a boon and flow of natural justice, all other stakeholders of any Durga Puja in the jurisdiction of West Bengal must crash the shackles put by the State Govt on Durga Puja immersion by the virtue of the Calcutta High Court’s decisions on this matters.
Bharat (i.e. India), all its parts including Bengal are known for its Dharma, culture, festivity and enjoying the life in the confluence of Dharma. This holy land is known for its roots in Dharma. Dharma cannot be restricted here for any political or appeasement reasons. Whoever try here to ban the Dharma instead of following it, will simply perish. As the Bengal Govt and its face CM Mamata Banerjee have been trying to rule over Dharma, now it is significant for her end in a grievous fatality.
It’s an irony that the WB Govt finds its democratic ruling to appease 9% minority Shia people at the cost of 73% majority Hindus in Bengal! The communal harmony is astry in Bengal in the hand of Mamata Banerjee where Hindu-Muslim riots are a common phenomenon. This year in several places the Durga idols have been vandalized in West Bengal (not in Islamic Bangladesh or Pakistan!) in various places like Nadia, Darjeeling, South and North 24 Parganas, as reported. Secular Bengal media are not interested cover all this Jihadi vandalism in WB anyway.
Justice Dipankar Dutta Exposed the Mamata Banerjee‘s Govt for its illegal and arbitrary steps to restrict Durga immersion for Muharram procession. Muharram (Ashura) is a Shia tradition and not even for the whole of Muslims. There are below 9% Shia sects in WB, whereas 73% Hindus are living in the state. What a decision to ban Durga immersion in maximum places the state where no Shia people reside. The filthy mentality of State Govt and its mentor Mamata Banerjee in the name of Ma-Mati-Manush (actually turned as Amma Ammi-Jihadi- Musalman) Land is completely Ashurik (Demonic/Evil) in nature. We must pray to Goddess Durga to kill the demons in TMC and everywhere in Bengal.
Bengali Hindus must congratulate the good conscience in the Calcutta High Court against the evil forces. Upon the basis of judgement of Calcutta High Court, the law abiding Hindus of Bengal will observe Bijoya Dashami (immersion) ignoring the Govt ban whatsoever.
Subho Bijoya Dashami in advance.
–with input of A Ghoshal of IE.