Abhishek Singh Bharos v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3423 of 2018 Abhishek Singh Bharos S/o Ajay Singh Bharos Aged About 30 Years R/o Qtr. No.- 67, Police Line Govt. Quarter, Civil Line, DistrictBilaspur, Chhattisgarh Smt. Shradda Samson W/o Sanjay Samson Aged About 35 Years R/o Yadunandan Nagar, Ghuru Ameri Road, Siddhivinayak, Colony, District- Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary Department Of Home (Police) Mahanadi, Mantralaya, Naya Raipur, Chhattisgarh

2. Collector Bilaspur, District- Bilaspur, Chhattisgarh

3. Superintendent Of Police Bilaspur, District- Bilaspur, Chhattisgarh

4. Sub Divisional Magistrate Bilaspur, District- Bilaspur, Chhattisgarh

5. Station House Officer Through Police Station, Civil Lines, DistrictBilaspur, Chhattisgarh

6. Aseem Kumar Das S/o Late Shri Ashok Kumar Das Aged About 47 Years Ex-Secretary, Church Council, Discciples Of Christ Chruch, R/o Gopal Marg, Jarahabhata, Rajeev Gandhi, Chowk, Bilaspur, Chhattisgarh

7. Alexjender Paul S/o G. V. Paul Aged About 65 Years Ex-President, Church council, Disciples Of Christ Chruch, R/o Ring Road, No. 2, Bilaspur, Chhattisgarh ------Respondents For Petitioners : Dr Nirmal Shukla, Senior Advocate along with Shri HS Ahluwalia, Advocate For State : Shri Arun Sao, Dy AG Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board 17.12.2018 1.

By this petition filed under Article 226 of the Constitution of India, the petitioners herein have sought for issuance of writ of mandamus commanding the respondent No.4 not to interfere with the fundamental rights of the petitioners by fixing their prayer time and compelling the prayer to be observed by a

person who is not the Pastor of Church Council of Disciples of Christ Church. The petition also envisages a prayer for a direction to respondents No. 6 and 7 as also their associates not to conduct the other religious activities in the church under another Pastor.

2.

The petitioners' counsel restricts his prayer for disposal of the instant writ petition with a direction to respondents No.2 and 3 to provide adequate Police force for ensuring the maintenance of peace and tranquility by one and all, during the ensuing Christmas. It is also prayed by counsel for the petitioners that order dated 27.03.2018 passed in Writ Petition (C) No.874/2018 may also be complied with in letter and spirit. 3.

This proposition has not been seriously objected to by anyone.

4.

Accordingly, the petitioners are directed to approach the Collector and Superintendent of Police, Bilaspur with their grievances redressable by them for maintenance of peace and tranquility in the impending Christmas and avoidance of any hurdle from any nook and corner. On that being done by the petitioners, the respondents No.2 and 3 shall make every endeavour so that the impending Christmas festival may not undergo any sort of disturbance including performance of the religious activities as sought for by the petitioners in the Church. This apart, order dated 27.03.2018 passed by the co-ordinate Bench of this Court in WPC No.874/2018 may also be taken due care of.

5.

With the observations and directions enunciated above, this petition is hereby disposed of as no other point remains here to be redressed in this petition.

Sd/- (Vimla Singh Kapoor) V. Judge Jyotishi / Pawan