Special Bench of Justices GS Kulkarni and Neela Gokhale to hear at 10.30 AM TODAY the PIL filed by four law students against the Maharashtra government's notification declaring Jan 22 a PUBLIC HOLIDAY for the consecration of the RAM MANDIR in Ayodhya.
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#RamMandir #BombayHC
Bench assembles.
Petitioner Shivangi Aggarwal - gives a brief background.
Am challenging the notification on three grounds.
It is arbitrary, the notification is ultra vires the Negotiable Instruments Act under which it is issued.
#RamMandir
Petitioner Shivangi Aggarwal - gives a brief background.
Am challenging the notification on three grounds.
It is arbitrary, the notification is ultra vires the Negotiable Instruments Act under which it is issued.
#RamMandir
Point 1 - There is no reasonableness in the notification as it is not for any public interest. The actual ceremony is going to be seven days long...
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#RamMandir #BombayHC
The petitioner cites a judgement.
J Kulkarni - What are the facts of the case of the judgement? Is it a PIL?
Petitioner now moves on to the next judgement.
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J Kulkarni - What are the facts of the case of the judgement? Is it a PIL?
Petitioner now moves on to the next judgement.
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Point 2.
Consecration is a religious process. When the SC took up the issue, it was only looking at checks and balances...
The notification goes against the core values of secularism of the constitution.
#RamMandir #BombayHC
Consecration is a religious process. When the SC took up the issue, it was only looking at checks and balances...
The notification goes against the core values of secularism of the constitution.
#RamMandir #BombayHC
Point 3
It is evident from the bare perusal of the section of the NI Act that only the Central Govt. can issue a public holiday.
J Patel - May 8, 1968 notification confers powers on the state to declare such holidays. This is out of context. You've challenged the notification but haven't placed it on record.
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It is evident from the bare perusal of the section of the NI Act that only the Central Govt. can issue a public holiday.
J Patel - May 8, 1968 notification confers powers on the state to declare such holidays. This is out of context. You've challenged the notification but haven't placed it on record.
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Earlier Justice GS Kulkarni
Petitioner states they were unable to procure the notification.
J GS Kulkarni***- Unless you get the notification...The prayer appears doubtful
Pet- Irrespective of the notification, the NI Act does not empower the state to declare public holidays.
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Petitioner states they were unable to procure the notification.
J GS Kulkarni***- Unless you get the notification...The prayer appears doubtful
Pet- Irrespective of the notification, the NI Act does not empower the state to declare public holidays.
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Petitioner Shivangi Aggarwal - Also, our main contention is regarding the notification of 2024 (declaring a holiday)
Petitioner says that the 1968 notification has been issued without any guidelines. It is arbitrary.
The petitioners further submit that the 1968 notification is not available on any website. Therefore they are requesting the State to provide it.
"We still have a case for interim relief. Our primary relief is to quash the notification of 2024 and please give me time till the next hearing to provide the earlier notification."
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Petitioner says that the 1968 notification has been issued without any guidelines. It is arbitrary.
The petitioners further submit that the 1968 notification is not available on any website. Therefore they are requesting the State to provide it.
"We still have a case for interim relief. Our primary relief is to quash the notification of 2024 and please give me time till the next hearing to provide the earlier notification."
#RamMandir
Advocate General Birendra Saraf
If the petition is on the basis of the notification, it needs to be produced. As and when they challenge it along with the notification we can deal with it. Its been around for 55 years.
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If the petition is on the basis of the notification, it needs to be produced. As and when they challenge it along with the notification we can deal with it. Its been around for 55 years.
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AG - On what ground do they say the notification is arbitrary. The pet. proceeds on the basis that the consecration is an essential religious practice.
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#RamMandir #BombayHC
AG - Today most of the public holidays are for reasons to observe a religious practice. How can this decision be called arbitrary? Allowing citizens to observe their religious belief cannot be called a violation of the secular belief.
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#RamMandir #BombayHC
AG - Holidays are declared for other religions as well.
The petition has political overtones.
J Kulkarni - Is it?
Points out relevant paras
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The petition has political overtones.
J Kulkarni - Is it?
Points out relevant paras
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AG - The secular fibre of this country is not fragile. This will just be one occasion where people want to celebrate and they are celebrating. Giving a holiday can never be said to defeat the secular fabric of India.
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#RamMandir #BombayHC
AG cites a judgement regarding a challenge against declaration of a public holiday.
AG - The court said declaration of holiday is a policy matter... Festivals are celebrated by all. It was a pet. against the holiday for Karva Chauth
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AG - The court said declaration of holiday is a policy matter... Festivals are celebrated by all. It was a pet. against the holiday for Karva Chauth
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AG cites another judgement in a plea against allowing students to take leave for Ramzan.
The court has said that by permitting people [through a public holiday], just enables them to observe their religious practice.
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The court has said that by permitting people [through a public holiday], just enables them to observe their religious practice.
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AG dealing with the pet. contention.
My submission is the pet. should be dismissed.
ASG Devang Girish Vyas - With the absence of the notification this can't be looked into.
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My submission is the pet. should be dismissed.
ASG Devang Girish Vyas - With the absence of the notification this can't be looked into.
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ASG - As a student why would you want to object to a holiday. This is in the realm of the executive policy decision taken by the state.
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#RamMandir #BombayHC
There are intervenors in support of the State seeking for the petition to be dismissed. They are making submissions regarding the IMP of Ram Lalla and also using words like "urban naxals"
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#RamMandir #BombayHC
Sr Adv Ram Apte - I appreciate their (petitioners) enthusiasm but they should not get into a populous issue like this. It will be better for their future. The tradition and culture of the country will have to be taken into account..
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#RamMandir #BombayHC
J GS Kulkarni - It's a Sunday (Court in a lighter vein to an intervenor who insists on more time to make submissions)
Interventor insists...
J Kulkarni - ok
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Interventor insists...
J Kulkarni - ok
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AG adds that the Stock Market and RBI was kept open yesterday in lieu of the holiday.
"17 states have declared a holiday. Any decision would have far reaching circumstances."
He further adds that the petition should not be kept pending.
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"17 states have declared a holiday. Any decision would have far reaching circumstances."
He further adds that the petition should not be kept pending.
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Petitioner - It saddens us that in a matter of 10 mins we have been called urban naxals, communists etc. We are
coming from a place of concern and nothing else.
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coming from a place of concern and nothing else.
#RamMandir #BombayHC
J GS Kulkarni asks the petitioner how have they made allegations.
See what is pointed out by the AG. This is very serious. Where do you make all these averments in the petition to make all these allegations. Are you serious about the petition? How did you come together? You'll are from different colleges.
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See what is pointed out by the AG. This is very serious. Where do you make all these averments in the petition to make all these allegations. Are you serious about the petition? How did you come together? You'll are from different colleges.
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J Kulkarni - That's why Mr. Apte says utilise your time [taking up better causes] The solemnity of law cannot be abused by anyone..
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#RamMandir #BombayHC
Petitioner in person - The entire issue is being made out that we are against the religion. We are not.
We have come here only to say the State did not have the power. The prayers are only seeking quashing of the notification declaring a holiday.
J Neela Gokhale - You've researched SR Bomai.. But just in 2022 the SC said these are all policy matters where the court will not intervene. Did you not come accross this?
#RamMandir
We have come here only to say the State did not have the power. The prayers are only seeking quashing of the notification declaring a holiday.
J Neela Gokhale - You've researched SR Bomai.. But just in 2022 the SC said these are all policy matters where the court will not intervene. Did you not come accross this?
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The petitioners say that there are political statements made but they have relied on the ruling party's manifesto for that.
J GS Kulkarni - You have accepted that there are certain statements that are politically motivated?
Petitioner - Yes. We are only seeking quashing of the notification.
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J GS Kulkarni - You have accepted that there are certain statements that are politically motivated?
Petitioner - Yes. We are only seeking quashing of the notification.
#RamMandir
J Kulkarni - The submission was made that this is a publicity oriented petition.. have you circulated copies to the media?
Petitioner - No. We were here in the HC compound serving copies to the state till late last evening.
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Petitioner - No. We were here in the HC compound serving copies to the state till late last evening.
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Petitioner - We have not come here under any political agenda. We are not against the opening of the temple.
Regarding judgements cited by the AG the petitioner says that official festivals cannot be compared with the opening of the temple.
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Regarding judgements cited by the AG the petitioner says that official festivals cannot be compared with the opening of the temple.
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AG - I just want to say one thing. I am not associating with the individual attacks on the petitioners. I only pointed out that the petition has religious overtones.
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#RamMandir #BombayHC
Order
The petitioners who claim to be law students in colleges in Mah and Gujarat, under the garb of this PIL, that too on a Sunday, have challenged the notification by the govt or Maha in excercise of powers under Section 25 of the NI Act.
#RqmMandir
The petitioners who claim to be law students in colleges in Mah and Gujarat, under the garb of this PIL, that too on a Sunday, have challenged the notification by the govt or Maha in excercise of powers under Section 25 of the NI Act.
#RqmMandir
Order
By the notification a public holiday has been declared on Jan 22..
At the outset we observe the notification of 1968 is challenged but the same is not placed on record.
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By the notification a public holiday has been declared on Jan 22..
At the outset we observe the notification of 1968 is challenged but the same is not placed on record.
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Order
The petitioner no. 1 has argued the petition. From the tenor of the argument she appears to be quite convinced by the case made out assailing the notification to declare Jan 22 a public holiday.
The petitioner in support of the prayers
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The petitioner no. 1 has argued the petition. From the tenor of the argument she appears to be quite convinced by the case made out assailing the notification to declare Jan 22 a public holiday.
The petitioner in support of the prayers
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Order
Made the submissions
1. Notification is arbitrary as it is contrary to the secular principles enshrined under the constitution.
2. Notification is ultra vires Section 25 of the Negotiable Instruments Act
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Made the submissions
1. Notification is arbitrary as it is contrary to the secular principles enshrined under the constitution.
2. Notification is ultra vires Section 25 of the Negotiable Instruments Act
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Order
Submission that Sec 25 would not confer powers on the State to declare holidays.
Violative of constitutional principles.
In support the pet. has drawn our attention to the decisions of the SC in the case of LIC of India vs ...
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Submission that Sec 25 would not confer powers on the State to declare holidays.
Violative of constitutional principles.
In support the pet. has drawn our attention to the decisions of the SC in the case of LIC of India vs ...
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Order
Cited SR Bomai vs Union or India, State of Andhra Pradesh vs Gupta ..
Her submission is that there is no reasonable nexus with the objective sought to be achieved. And at the court should stay the notification.
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Cited SR Bomai vs Union or India, State of Andhra Pradesh vs Gupta ..
Her submission is that there is no reasonable nexus with the objective sought to be achieved. And at the court should stay the notification.
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Order
On the other hand the AG submitted that the petitioners contentions ought not to be accepted as the notification is not on record. Any inquiry is completely beyond the scope of the petition (in the absence of the notification)
The 1968 notification is in operation since last 50 years.
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On the other hand the AG submitted that the petitioners contentions ought not to be accepted as the notification is not on record. Any inquiry is completely beyond the scope of the petition (in the absence of the notification)
The 1968 notification is in operation since last 50 years.
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Order
Next submission by AG is that it is completely in the realm of executive policy. Dr Saraf would submit that the state has issued the notification keeping in mind the essential religious practice and that such holidays are there for other religions as well. This shows the secular nature.
#RamMandir
Next submission by AG is that it is completely in the realm of executive policy. Dr Saraf would submit that the state has issued the notification keeping in mind the essential religious practice and that such holidays are there for other religions as well. This shows the secular nature.
#RamMandir
Order
This according to Dr. Saraf...he pointed out para 25 wherein the pet. accept the consecration is an essential religious practice.
Apart from the above Dr Saraf submits the petition has political overtones.
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This according to Dr. Saraf...he pointed out para 25 wherein the pet. accept the consecration is an essential religious practice.
Apart from the above Dr Saraf submits the petition has political overtones.
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Order
The suggestion that apart from this petitioners have made vague averments.. that this is a fit case for Article 352 to be invoked. He submits this is against the constitutional principles...
Dr. Saraf would submit the pet. should be dismissed.
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The suggestion that apart from this petitioners have made vague averments.. that this is a fit case for Article 352 to be invoked. He submits this is against the constitutional principles...
Dr. Saraf would submit the pet. should be dismissed.
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Order
Court records there are five intervenors.
MR. Devang Vyas for the Union has supported the submissions of the AG.
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Court records there are five intervenors.
MR. Devang Vyas for the Union has supported the submissions of the AG.
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Order
The contention on behalf of the intervenors is that the pet. is not maintainable, politically motivated, and no threat to fundamental rights..the decision is a policy decision, misunderstanding of secular principles.
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The contention on behalf of the intervenors is that the pet. is not maintainable, politically motivated, and no threat to fundamental rights..the decision is a policy decision, misunderstanding of secular principles.
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Order
Such issues have come before the court assailing holidays taken. The consistent view is that such decision fall within the realm of executive policy.
Dr. Saraf has drawn our attention to the plea against declaring the bday of Netaji Subhash Chandra Bose as a public holiday.
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Such issues have come before the court assailing holidays taken. The consistent view is that such decision fall within the realm of executive policy.
Dr. Saraf has drawn our attention to the plea against declaring the bday of Netaji Subhash Chandra Bose as a public holiday.
#RamMandir #BombayHC
Order
A div Bench of this court..9602/2021 considering the prayer of the petitioner that the notification impugned therein that the notification declaring public holidays 2022.. observed that whether or not the govt. declared a govt. holiday, or no holiday at all, was a part of govt. policy.
#RamMandir #BombayHC
A div Bench of this court..9602/2021 considering the prayer of the petitioner that the notification impugned therein that the notification declaring public holidays 2022.. observed that whether or not the govt. declared a govt. holiday, or no holiday at all, was a part of govt. policy.
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Order
The court while rejecting the pet. observed the pet. was filed for political milege as holidays were in the executive domain.
We also refer to the decision of the Andhra Pradesh HC where the court clearly observed the govt. has the power to declare public holiday..
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The court while rejecting the pet. observed the pet. was filed for political milege as holidays were in the executive domain.
We also refer to the decision of the Andhra Pradesh HC where the court clearly observed the govt. has the power to declare public holiday..
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Order
Similar view taken by the Kerala HC as to whether the concession granted by the state to allow students to cover during summer holidays for leaves taken during Ramzaan.
Pet. was dismissed. It was observed that in different religions are followed in the state.
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Similar view taken by the Kerala HC as to whether the concession granted by the state to allow students to cover during summer holidays for leaves taken during Ramzaan.
Pet. was dismissed. It was observed that in different religions are followed in the state.
#RamMandir #BombayHC
Order
We find a consistent view that has been taken by court's that declaration of holidays which as a matter or policy based on religious requirements cannot be an arbitrary decision...Such a decision is taken to foster secularism...
#RamMandir #BombayHC
We find a consistent view that has been taken by court's that declaration of holidays which as a matter or policy based on religious requirements cannot be an arbitrary decision...Such a decision is taken to foster secularism...
#RamMandir #BombayHC
Order
Petitioners have failed to make out any arbitrariness.
This apart what would worry us more is the approach of these young students.
#RamMandir #BombayHC
Petitioners have failed to make out any arbitrariness.
This apart what would worry us more is the approach of these young students.
#RamMandir #BombayHC
Order
Infact petitioners have taken this liberty to espouse the jurisdiction of this court without considering basic principles that in PILs there is a concept of locus standi is to be used carefully.
SC has reminded courts time and again to see there is no vested interest or publicity seeking..
There petitioners are unmindful of the basic duty towards the court... in such a causal manmer. More particularly with impunity the petitioner has argued before us without remorse ..
#RamMandir #BombayHC
Infact petitioners have taken this liberty to espouse the jurisdiction of this court without considering basic principles that in PILs there is a concept of locus standi is to be used carefully.
SC has reminded courts time and again to see there is no vested interest or publicity seeking..
There petitioners are unmindful of the basic duty towards the court... in such a causal manmer. More particularly with impunity the petitioner has argued before us without remorse ..
#RamMandir #BombayHC
Order
We find weight in the submission of Dsr. Saraf that the petition has political overtones. It appears to be politically motivated and publicity- seeking petition. The glare for publicity appears to be apparent.
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We find weight in the submission of Dsr. Saraf that the petition has political overtones. It appears to be politically motivated and publicity- seeking petition. The glare for publicity appears to be apparent.
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Order
Our judicial conscience is shocked..
There are other serious statments that are made in the petition. It is difficult for us to believe that law students would have such imagination to make statements like those pointed out.
No manner of doubt the petition is filed for extraneous reasons. Absolutely frivolous..
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Our judicial conscience is shocked..
There are other serious statments that are made in the petition. It is difficult for us to believe that law students would have such imagination to make statements like those pointed out.
No manner of doubt the petition is filed for extraneous reasons. Absolutely frivolous..
#RamMandir #BombayHC
Order
The SC had observed that
..Sad reflection on the members of the legal profession that such a petition was filed.
SC observations regarding "unscrupulous litigants." The SC said a petitioner who comes to the court should not only come with clean hands, but also with a clean heart and mind.
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The SC had observed that
..Sad reflection on the members of the legal profession that such a petition was filed.
SC observations regarding "unscrupulous litigants." The SC said a petitioner who comes to the court should not only come with clean hands, but also with a clean heart and mind.
#RamMandir #BombayHC
Order
Such decision of the SC ought to have been considered in all solemnity. The petitioners have .. merely challenged the notification.. intention of the petition is something else.
Such proceedings come before us and argued with impunity. We caution the petitioners to be more careful when they take upon themselves to espouse a course...
No manner of doubt the pet. is an abuse of process of law.
J Kulkarni - You are students, but as citizens of this country... We refrain from issuing costs.
Dismissed
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Such decision of the SC ought to have been considered in all solemnity. The petitioners have .. merely challenged the notification.. intention of the petition is something else.
Such proceedings come before us and argued with impunity. We caution the petitioners to be more careful when they take upon themselves to espouse a course...
No manner of doubt the pet. is an abuse of process of law.
J Kulkarni - You are students, but as citizens of this country... We refrain from issuing costs.
Dismissed
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