'No Objection Can Be Raised Against Implementation Of Act': Rajasthan High Court Dismisses Plea Challenging Circular Prohibiting Construction Of Shrines In Police Stations

The Rajasthan High Court has recently dismissed a plea challenging a circular issued by the Additional Director General of Police (Police Housing) to all district police stations to ensure strict compliance with the Rajasthan Religious Building and Places Act, 1954 (1954 Act).  The circular prohibits the construction of shrines inside police stations and police offices and stipulates that the 1954 Act prohibits use of public places for religious purposes. 

The petition moved by one Puja Gurnani has sought the revocation of the circular and also prayed that the circular be declared unconstitutional. It was further contended by the petitioner that the Constitution of India does not define "religion" which makes it a matter of faith. As a result, the circular's use of the term "poojasthal" singles out one community, violating their fundamental rights and hurting religious sentiments thereby leading to the creation of disharmony, it was further submitted. 

It was further prayed before a Bench comprising Chief Justice Akil Kureshi and Justice Rekha Borana to issue directions to the State government to include government institutions and state bodies within the purview of the definition of 'public places' under the 1954 Act. The Act defines its purpose as meant 'to regulate the construction of public religious buildings and to restrict the use of public places for religious purposes," so as "to avoid a breach of public peace and tranquility likely to arise from disputes between different sections of people.' Furthermore, it stipulates that the term 'public' would include any building or place that is not the private and personal property of a person, and is open to the use and enjoyment of the public, even if it has been acquired, constructed or maintained by or at the expense of some specified person.

The Bench at the outset referred to the specific prayer made by the petitioner which reads as follows, 

"(c) Direct the respondents to include the definition of Government institutions/state Bodies under the Act of 1954 as the Police Stations and other Government buildings are not being covered under the definition of "Public Places" under the Act of 1954".

The Court observed that the specific prayer cannot be entertained as no direction can be issued to the legislature to frame laws in any particular manner. Accordingly, the Court remarked,

"Under this prayer thus the petitioner seeks a direction to include certain portion in the definition contained in the act. As is well settled through series of judgments, no direction can be issued to the legislature to frame a law in particular manner. Prayer (c) therefore in any case cannot be granted. It is not the case of the petitioner that any of the provisions of the act are ultravires the constitution."

Furthermore, referring to the circular, the Court noted that the operative portion of the circular merely states that the provisions of the 1954 Act should be implemented scrupulously by all concerned. Accordingly the Court underscored, 

"We don't see how the petitioner can be said to be aggrieved by this circular."

Dismissing the petition, the Court opined that the petitioner cannot raise any grievance against a government authority for ensuring the implementation of a legislation. 

"As long as provisions of the Act stand, the petitioner cannot raise any objection to the government authority issuing a circular that the provisions of the Act be implemented", the Court opined further. 

Case Title: Pooja Gurnani v. State of Rajasthan 

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