The Calcutta High Court has granted approval for the use of musical instruments such as 'khol' and 'kartal' during the 'shobha yatra' (procession) in celebration of the festival of 'Rash Purnima.' The permission comes with the condition that the sound produced by these instruments must adhere to permissible limits. The decision was made in response to a plea arguing that the restriction on musical instruments impinged on the essential religious practice associated with the festival.
Justice Jay Sengupta, presiding over a single bench, highlighted that the committee responsible for organizing the Rash Utsab had initially imposed certain restrictions, leading to the publication of a leaflet by the police detailing these constraints. However, the judge emphasized that devotees should not be deprived of using musical instruments in the 'Shobha Yatra' as long as the sound levels remain within the acceptable range. The court modified the relevant restrictions accordingly, with the petitioner giving an undertaking to avoid causing disturbances and to adhere to all other norms during the 'Shobha Yatra.'
The petitioners contended that the local police, in collaboration with the Nabadwip Central Rash Utsab Committee, sought to curtail the rights of the area's common citizens to participate in the 'shobha yatra' during Rash Purnima, scheduled for the 27th of the month. They asserted that a ban on playing musical instruments amounted to a restriction on an essential religious practice. Additionally, the petitioners raised concerns about the limitation on the number of participants from each puja, allowing only 3-5 individuals to engage in the procession.
In response, the state counsel refuted the allegations, asserting that the imposed restrictions were necessary to maintain law and order, particularly considering Rash Utsab's status as an "international event." The court, after hearing both parties, concluded that limiting the participation to 3-5 people from each puja in the march or procession was reasonable. However, it held that devotees should not be prohibited from playing musical instruments during the event, provided the sound levels complied with legal decibel limits.
Consequently, the court allowed the plea, setting aside the directive that banned the use of musical instruments. This decision reflects a delicate balance between the preservation of public order and the protection of religious practices, acknowledging the significance of the 'Shobha Yatra' in the context of the Rash Purnima festival.
The court's nuanced approach underscores the importance of considering the cultural and religious dimensions of public celebrations while addressing concerns related to potential disruptions and maintaining law and order. By upholding the use of musical instruments within reasonable limits, the judgment seeks to accommodate the religious sentiments of the petitioners while ensuring the overall harmony and safety of the public event.
TAGS: Petitioners State counsel Decibel limits Procession Public order Cultural and religious dimensions Harmony Safety.
