Shimla, October 17 — The Himachal Pradesh High Court has permitted residents of Dhar Chandna and Bawat gram panchayats to celebrate Diwali in the courtyard of the historic Mahasu Devta temple in Gaunkhar village, subject to strict conditions to ensure peace and public order.
Justice Sandeep Sharma passed the order while disposing of a petition filed by Padam Sharma and others of Gaunkhar, who had sought enforcement of a 2020 administrative order restraining residents of neighboring villages from entering Gaunkhar during Diwali festivities.
The petitioners had alleged that outsiders from Dhar Chandna and Bawat created law and order problems, used abusive language, and indulged in violence under the influence of liquor during previous Diwali celebrations.
The Sub-Divisional Magistrate (SDM) of Chopal had, in November 2020, prohibited residents of those villages from celebrating Diwali at the temple and directed them to hold festivities in their own areas.
However, the court observed that Mahasu Devta is the local deity of the region and that villagers from Dhar Chandna and Bawat have been worshipping there for generations. Justice Sharma held that the right to practice and manage religious affairs is a fundamental right guaranteed under Articles 25 and 26 of the Constitution and cannot be taken away by administrative orders, except to maintain public order and morality.
“The order dated November 5, 2020, shall not come in the way of residents of Dhar Chandna and Bawat celebrating Diwali in the temple courtyard,” the court ruled, adding that “restraining them entirely from worshipping their deity would amount to infringement of their constitutional rights.”
To prevent any breach of peace, the court imposed several restrictions:
Devotees will not enter the temple in large processions or carry weapons.
Each family may carry only one torch (mashaal), which must be kept outside the temple premises.
Persons under the influence of liquor or intoxicants will not be allowed entry.
Large congregations should be avoided, and no abusive language or nuisance will be tolerated.
The Deputy Commissioner and Superintendent of Police, Shimla, must deploy adequate police personnel at the site during the three-day Diwali celebrations beginning October 20.
The court also directed the pradhans of Dhar Chandna and Bawat to ensure strict compliance and warned that any violation would attract contempt and penal proceedings.
Justice Sharma further advised the local representatives of all three panchayats—Gaunkhar, Dhar Chandna, and Bawat—to meet after the festival to work out a permanent resolution to the long-standing dispute over Diwali celebrations at the Mahasu Devta temple.
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