Apex court refuses to stay Bengal government's Durga puja dole
TNN | Oct 13, 2018, 02:21 IST
NEW DELHI: The Supreme Court on Friday refused to stay the decision of the West Bengal government to grant Rs 28 crore to over 28,000 Durga Puja committees across the state but agreed to examine its validity and sought response from the state.
A bench of Justices Madan B Lokur and Deepak Gupta issued notice to the Mamata Banerjee government while agreeing to hear an appeal challenging a Calcutta high court decision not to entertain a PIL questioning the constitutional validity of the state government gifting Rs 10,000 each to Durga Puja organising committees in West Bengal this year.
Seeking a stay on the government's decision, petitioner Sourav Dutta said the state government was violating constitutional principle of secular governance by providing financial assistance for holding Durga Puja.
"The high court failed to appreciate that the state funds, which is nothing but taxes paid by citizens, cannot be utilised for any religious purposes. Use of tax payers' money for repair/restructuring/construction of any 'religious place' offends the spirit and object of Article 27 of the Constitution... Therefore, the state's decision to give grants to Durga Puja organising committees is unconstitutional and liable to be set aside," the petition said.
Opposing the plea, senior advocate Kapil Sibal, appearing for the state, contended that the state government had not given the money directly to the puja committees and it has been distributed through police as grants for community policing to the puja organisers. The HC had taken up the PIL challenging the doles and rebate on electricity bills on October 5 and restrained the state from giving effect to its decisions. However, four days later, it dismissed the PIL.
A bench of Justices Madan B Lokur and Deepak Gupta issued notice to the Mamata Banerjee government while agreeing to hear an appeal challenging a Calcutta high court decision not to entertain a PIL questioning the constitutional validity of the state government gifting Rs 10,000 each to Durga Puja organising committees in West Bengal this year.
Seeking a stay on the government's decision, petitioner Sourav Dutta said the state government was violating constitutional principle of secular governance by providing financial assistance for holding Durga Puja.
"The high court failed to appreciate that the state funds, which is nothing but taxes paid by citizens, cannot be utilised for any religious purposes. Use of tax payers' money for repair/restructuring/construction of any 'religious place' offends the spirit and object of Article 27 of the Constitution... Therefore, the state's decision to give grants to Durga Puja organising committees is unconstitutional and liable to be set aside," the petition said.
Opposing the plea, senior advocate Kapil Sibal, appearing for the state, contended that the state government had not given the money directly to the puja committees and it has been distributed through police as grants for community policing to the puja organisers. The HC had taken up the PIL challenging the doles and rebate on electricity bills on October 5 and restrained the state from giving effect to its decisions. However, four days later, it dismissed the PIL.
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