The Bombay High Court on Sunday dismissed a Public Interest Litigation (PIL) filed by four law students challenging the Maharashtra government's move to declare January 22 as public holiday to mark the Ram Temple inauguration in Ayodhya.
The PIL filed by four laws students said that declaring a public holiday to celebrate a religious event is against the principles of secularism enshrined in the Indian Constitution. The plea also contended that state cannot associate with or promote any particular religion.
A special bench of Justices GS Kulkarni and Neela Gokhale heard the matter today and rejected the PIL, the ANI reported.
According to the a Bar and Bench report, the bench reiterated that declaring a public holiday is well within the policy realm of the government. The special bench said that there has been a consistent stand of courts on the matter. The bench also described the PIL as a move to gain publicity by the four law students.
The petitioners had called the notification by the Maharashtra government politically motivated, with an eye on the 2024 Lok Sabha elections. The PIL had also challenged the Maharashtra government's jurisdiction in issuing the notification under Section 25 of the Negotiable Instruments Act. The petitioners had challenged the 1968 notification issued by the Ministry of Home Affairs that empowers State to exercise powers under the Negotiable Instruments Act to declare public holidays.
According to the report, the special bench said that the petitioners have failed to make a case that the State government has no power to issue notification. And observed that courts have frequently held that such exercise of power by the State is not arbitrary but in consonance with the secular principles.
The bench also called the PIL an abuse of process of law and warned the petitioner of exemplary costs, the report said.
The Maharashtra state government on Friday declared a public holiday on January 22 to mark the consecration ceremony at the Ram temple in Ayodhya.