SUBHANKAR CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three writ-petitions are filed by some public spirited persons to achieve the identical desired reliefs with the common aims through different path. The fact emanates from the aforesaid three writ-petitions are common and in order to avoid the prolixity of repetition of facts, the short details would suffice to address the points raised before this court.

(2.) The first writ-petition being WP 24135 (W) of 2017 was filed and duly affirmed on September 8, 2017 challenging the action of the State in relation to the immersion of the Durga Idol on September 30, 2017 beyond 06.00 p.m. and complete embargo is created for October 1, 2017. It is stated therein that an announcement was made by the Hon'ble Chief Minister of West Bengal that there would be a restriction on the immersion of Durga Idol on September 30, 2017 beyond 06.00 p.m. and a complete prohibition on October 1, 2017. The aforesaid announcement was widely published and circulated through different medias and affects the religious sentiments of the Hindu community, more particularly, the citizens of the State where the Durga Puja is considered to be one of the major festivals. The petitioners therein have impinged the said decision of the State in absence of any policy or the declarations/notifications issued in this regard.

(3.) The second writ-petition being WP 23257 (W) of 2017 is at the instance of a practicing Advocate of this court for the identical reliefs based upon the similar facts. The said writ-petition was affirmed on September 5, 2017 but was filed after the earlier writ-petition. It is categorically stated in the said petition that putting restriction on immersion of Durga Idol upto 06.00 p.m. on September 30, 2017 and an absolute prohibition on October 1, 2017 has no foundation or basis. The aforesaid decision of the government is impinged on the fact that the order restricting or prohibiting the religious ceremony to be performed by a particular section of the society without any declaration/notice, is par se illegal and in colourable exercise of power.