New Delhi, Aug 6 (PTI) The Delhi High Court on Tuesday said it cannot grant any relief on a public interest litigation seeking de-recognition of the Aam Aadmi Party (AAP) for organising the Ganesh Chaturthi celebrations in 2021 in alleged violation of the constitutional principle of secularism.
Petitioner M L Sharma, a lawyer, claimed that the AAP, the ruling party in the national capital, used the government funds to hold a religious function and it should, therefore, be de-recognised under the Representation of People Act and an FIR should also be registered against it.
A bench headed by Acting Chief Justice Manmohan orally remarked de-recognising a political party was a “serious matter” and “it cannot be done” in this manner.
“There is nothing in the relief that can be granted,” the bench, also comprising Justice Tushar Rao Gedela, said.
The court further observed that advertisements were also published by the governments for wishing the public on various religious festivals and asked if the petitioner would argue that it was also contrary to secularism in the Constitution.
“State is not saying convert to Hinduism or convert to Buddhism. State is only saying celebrate the festival. State is only saying this is a festival, celebrate it,” the court stated.
As far as registration of FIR was concerned, the court asked the petitioner to initiate appropriate proceedings under the law instead of pursuing it in a PIL.
The court deferred further hearing on the PIL after the petitioner experienced some discomfort while arguing due to his health and asked him to bring some changes in the petition in the meantime.
The bench also asked the on-call doctor in the high court to medically examine the petitioner.
The counsel for the Election Commission said the petition was not maintainable against it and the petitioner was bringing the commission into a “political thicket”.
The high court had on September 20, 2021 issued notices and sought response of the Centre, Delhi government and Election Commission (EC) on the petition.
Petitioner and advocate M L Sharma has sought a direction to de-recognise the AAP as a political party and remove Chief Minister Arvind Kejriwal and other ministers from the constitutional office due to alleged deliberate breach of the Constitution and the Representation of People Act in the interest of the general public.
The plea has said the AAP-led Delhi government organised Ganesh Chaturthi event on September 10, 2021 which was broadcast live on television channels, which was in violation of the constitutional mandate laid down by the Supreme Court that the state cannot promote religious celebrations.
India is a secular country and no government can be seen indulging in religious activities by using public money, it said.
The plea was earlier opposed by the Delhi government, saying it was a totally motivated and mischievous petition.
The government counsel had said since a decision was taken to prevent religious congregations amid the COVID-19 pandemic, the chief minister had merely requested the media to cover the celebration for citizens’ participation from their residences.
The petition has also sought to declare that religious ceremony or promotion or funding for religious work or trust in any manner by the state from the state treasury attracts sections 408 (criminal breach of trust) and 420 (cheating) of the IPC.
The matter would be heard next in October. PTI ADS AS AS
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