The Delhi High Court on Wednesday refused to entertain a petition challenging the Delhi Government's decision of prohibiting devotees from performing Chhath Puja on the banks of Yamuna river.

Observing that the prohibition has been imposed in order to prevent pollution in the river, Justice Subramonium Prasad expressed his inclination to dismiss the plea which was moved by two societies namely Chath Pooja Sangharsh Samiti and Purwanchal Jagriti Manch.

The counsel appearing for the petitioners then withdrew the plea.

The petition challenged an order issued by the Delhi Government’s DDMA on October 29, 2021, prohibiting the celebration of Chhath Pooja in public places, public grounds, river banks and temples in view of COVID-19.

The societies also sought permission to perform Chhath Puja at different ghats as well as at the bank of Yamuna river.

As per the impugned order, the celebration was only allowed on designated sites, with a clarification that no such site shall be designated on the banks of Yamuna river.

It was the society's case that the impugned order was illegal and arbitrary and has effected around 30 to 40 lakhs of devotees.

“That Chhath Puja, being a religious festival and practice, falls under the infringement of constitutional rights. If the orders were to impose restrictions on the functioning of Chhath Puja, it could potentially be challenged under Constitution of lndiait is seen as a violation of the right to practice and propagate one's religion,” the plea stated.

In November 2021, a coordinate bench had dismissed a similar plea challenging the impugned order, after finding no merit in the same.

Title: Chhath Pooja Sangharsh Samiti & Anr. v. Govt. of NCT Delhi & Ors.

Citation: 2023 LiveLaw (Del) 1098