Calcutta High Court Allows Use Of Musical Instruments In ‘Rash Festival Yatra’ But Within Permissible Sound Limits

The Calcutta High Court has allowed a plea for the usage of musical instruments such as 'khol', 'kartal', etc. which was claimed to be an essential religious practice in the 'shobha yatra' during the festival of 'Rash Purnima.'

In allowing the plea, a single bench of Justice Jay Sengupta held:

"It appears from the report that the Committee, which is in charge of holding the Rash Utsab, had actually arrived at such restrictions. It was in view of such restrictions that the police have published a leaflet incorporating the same. However, the devotees should not be prevented from using musical instruments in the “Shobha Yatra” provided that the sound is within permissible limits. Therefore, the relevant restriction stands modified accordingly. The petitioner also undertakes not to cause any disturbance and to follow all other norms in conducting their “Shobha Yatra.”

Petitioners had argued that the local police administration along with the Nabadwip Central Rash Utsab Committee were trying to stifle the rights of the common citizens of the area from performing 'shobha yatra' during the Rash Purnima to be held on the 27th of this month. 

It was submitted that a ban had been imposed on the playing of musical instruments, which had constituted an essential religious practice. Petitioners also complained against the limitation of only 3-5 people from each puja being allowed to do a procession. 

State counsel denied the allegations and submitted that certain restrictions had only been imposed to maintain law and order since Rash Utsab was an "international event." 

Upon hearing the parties, the Court was of the opinion that, while the restriction of having 3-5 people from each puja participate in the march/procession was a reasonable one, the devotees could not be prevented from playing their musical instruments if the same was done within the legal decibel limits. 

Accordingly, the plea was allowed and the direction for banning of musical instruments was set aside. 

Citation: 2023 LiveLaw (Cal) 334

Case:  Subha Saha Versus The State of West Bengal & Ors.

Case No: WPA 26352 of 2023

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