The Supreme Court will take up for urgent hearing on Thursday an appeal challenging an Allahabad High Court order that had stayed a Ram Lila event at a school in Uttar Pradesh’s Firozabad district.

A bench of Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh agreed to list the matter on Thursday after the counsel for the Coordination Committee of Shree Nagar Ram Lila Mahotsav submitted that the high court had passed the impugned order without impleading the organisers or hearing them.

The high court had passed the order on September 22 while dealing with a PIL
which argued that schools could not be used for religious activities as it would affect studies.

The petitioners before the high court had complained that permanent structures had been erected at the school for the Ram Lila event, which would take place every year unless the court intervened.

The state government had, however, submitted before the high court that no permanent structures were installed and the organisers had scheduled the event between 7pm and 10pm, considering the study timings.

The high court bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra had noted: “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 respondent — state and counsel appearing for the respondent no. 4 Nagar Palika Parishad — are directed to file a counter affidavit, responding to the observations made hereinbefore.

“In the circumstances of the case, wherein action of the respondents in permitting holding of such activities by unknown persons/ purported Ram Lila committee, is ex facie illegal and therefore, the respondents are restrained from permitting the use of school premises for holding of the Ram Lila….”

The high court had posted the matter for further hearing to November 11.

On July 6, 2018, a two-judge Supreme Court bench had referred to a five-judge constitution bench the question whether public places such as parks could be used for religious activities since India was a secular country.

The two-judge bench was dealing with a petition filed by the Jyoti Jagran Mandal seeking permission to hold a jagran (midnight mass) at a park in southwest Delhi.

The organisation had filed an appeal against the National Green Tribunal’s order, which had refused permission on environmental and public order grounds.