New Delhi, Sep 25 (IANS) The Supreme Court on Thursday stayed an Allahabad High Court order that had restrained the use of a school playground in Uttar Pradesh’s Tundla for Ramlila celebrations.
“The festivities are allowed to continue, subject to the condition that no inconvenience is caused to the students and no obstruction is caused in their sports activities,” ordered a Bench headed by Justice Surya Kant.
The Bench, also comprising Justices Ujjal Bhuyan and N. Kotiswar Singh, noted the submission on behalf of the Ramlila Committee that Ramlila activities had been conducted at the ground for the past 100 years.
During the hearing, the apex court questioned the original petitioner as to what had suddenly prompted him to move the Allahabad Court, and why he had not approached it in advance but only after the celebrations had commenced.
“What happened suddenly that you went to the Court? Last 100 years, where were you? You are not the student, you are not the parent of the students, right? You are not the owner of the property. But still, you file a PIL. What prevented you from going to the Court in advance?” it asked.
Staying the impugned order of the Allahabad High Court, the Justice Kant-led Bench urged the Allahabad HC to resolve the issue by identifying an alternative site for the Ramlila celebrations, so that the school playground could be used exclusively by the students.
On Wednesday, the Supreme Court agreed to urgently list the matter for hearing on September 25, after it was mentioned for urgent hearing. The special leave petition (SLP) filed by the Ramlila Committee contended that the Allahabad High Court passed an ex parte order without giving it an opportunity to be heard.
In its interim order passed on Monday, a Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra of the Allahabad High Court, while hearing a PIL alleging misuse of a school playground, had observed serious irregularities in the manner the event was being allowed inside a government school.
The Allahabad High Court noted submissions that the entire playground had been covered with cement interlocking tiles to permanently convert it into a venue for such events, thereby depriving school children of a space to play.
“Further, the main gate of the school itself has been converted into a ‘Sita Ram Gate’ and various swings, etc., have been put at the main gate of the school,” further noted the CJ Bhansali-led Bench.
The PIL also highlighted concerns about the disruption of academic activities. “The teaching activities for a period of over 18 days during which the Ramlila would be performed, would be badly affected inasmuch as a huge stage, etc., have been put up along with furniture for the purpose in the school premises,” the order noted.
The Uttar Pradesh government, as well as the Executive Officer of the Nagar Palika Parishad, had filed identical instructions claiming that the interlocking tiles were laid due to waterlogging in the ground. However, when the Allahabad High Court specifically asked whether any sports activities could still take place on the tiled surface, the response was an unequivocal “No.” It further questioned the justification offered by officials that the event had been held for over a century.
“Permitting of holding ‘Ramlila’ is sought to be justified in the name that the same was being performed for over 100 years and that the same would be performed during the period 7 p.m. to 10 p.m., and that the educational activities at the school are not getting affected,” the CJ Bhansali-led Bench noted.
“From the instructions produced, it is not known as to who is organising the Ramlila, and who has granted permission for the holding of the Ramlila within the school premises… The attempt appears to be to convert the land of the school into a permanent place for holding activities of the nature, which are sought to be objected, which action cannot be permitted,” the order added.
Restraining the use of school premises for holding the Ramlila, the Allahabad High Court observed that permitting such activities by unknown persons/purported Ramlila Committee was “ex facie illegal”.
“The respondents (authorities) are restrained from permitting the use of school premises for holding the ‘Ramlila’,” had ordered the CJ Bhansali-led Bench.
–IANS
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