Calcutta High Court Refuses To Set Aside State Govt's Decision To Extend Grant To Puja Committees During Durga Puja

The Calcutta High Court recently refused to set aside the decision of the State Government to extend grants to the Puja Committees during Durga Puja.

However, the Court did direct the Government to release the grant in favor of only those Clubs/Puja Committees, who in the previous year had utilized the same for the purpose it was granted, and had duly submitted the utilization certificate within time.

With this, the bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj dismissed a bunch of Public Interest Litigation (PIL) pleas filed challenging the state govt's decision to provide a grant of about Rs. 60,000/- each to about 40,092 Puja Committees/Clubs in the State of West Bengal during the Durga Puja, 2022.

The case in brief

The pleas had also challenged the decision providing concession, rebate, or waiver to the extent of 60% on electricity consumption bill during the said period of Durga Puja to such Puja Committees/Clubs in the State.

It was the primacy contention of the petitioners that the public money was sought to be distributed in this manner ignoring the larger public interest when the State is going through a financial crunch.

The petitioners further argued that the distribution of the amount has nothing to do with public purpose and that Durga Puja is a private affair. A further plea was also raised that instead of making payment to Amphan victim or implementing Swasthya Sathi Scheme which has higher priority, the money was being wrongly distributed for religious purposes.

On the other hand, the State Government argued that the disbursement of the fund is for a public purpose and not to propagate or encourage a particular religion. In this regard, the state government also referred to the decision of the Intergovernmental Committee of UNESCO to point out that the element is a public festival and is not governed by any restrictive customary practices.

The state also referred to the National List of Intangible Cultural Heritage (ICH) issued by the Ministry of Culture, Government of India to point out that Durga Puja is the most important socio-cultural and religious event in the Bengali festival calendar and that Bengalis of all religious denominations residing in the State of West Bengal are involved in this. 

Court's observations 

At the outset, the Court noted that in the recent years, many such pleas were moved questioning the grant of aid to Durga Puja committees, however, the Court refused to stay the decision of the State Government to extend grant to the Clubs/Puja Committees in the State during Durga Puja.

However, the Court did note that the High Court has passed certain directions regulating the utilization of the grant, therefore, refusing to interfere in the decision of the State to extend the grant to Puja Committees, the Court did stress that the grant should be strictly utilized for the purpose which has been mentioned in the order dated 6th of September, 2022 so that the public purpose contained therein is achieved.

Consequently, in order to ensure that the grant is utilized for a public purpose and for the purpose of achieving the object mentioned in the order dated 6th of September, 2022, the Court issued the following directions:

i. The guidelines already issued in the previous orders of this Court will be duly complied with.

ii. The grant will be released only to those Clubs/Puja Committees who in the previous year had utilized the same for the purpose it was granted and had duly submitted the utilization certificate within time.

iii. In terms of the order of the Hon'ble Supreme Court dated 12th of October, 2018 in SLP(C) No. 27927/2018, the grant is to be distributed through the West Bengal Police and Kolkata Police, therefore, it will be the responsibility of the police to ensure that the grant is utilized for the public purpose mentioned in the order dated 6th of September, 2022.

iv. The DGP through his officers will ensure that the grant is not utilized for a purpose other than the one mentioned in the order dated 6th of September, 2022.

v. The Puja Committees will submit the utilization certificate along with the supporting vouchers to the Sub-Divisional Officers in the district and to the Designated Officers within the jurisdiction of the Kolkata Police not later than 15th of November, 2022.

vi. The competent Officers of the State Government will duly scrutinize these utilization certificates and ascertain if the amount distributed to the Clubs/Puja Committee has been utilized for the purpose mentioned in the order dated 6th of September, 2022 and will submit the report before this Court in the pending WPA 7912 of 2020 by 15th of December, 2022.

Case title - Dr. Santanu De v. The State of West Bengal and Others and connected pleas

Case Citation:  2022 LiveLaw (Cal) 308

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