The Supreme Court on Friday held that mere proximity of a watering hole from a place of worship, if a statutory 100 meters distance is maintained between the two, is no ground for closing the bar. Pray while some others want to drink.
the root of the dispute is the existence of jothi barr 114.5 meters from the entrance of Throbathiammam Temple In Puducherry, beyond the statutory minimum distance of 100 meters between a watering hole and a place of worship.
A PIL appeared on behalf of the petitioner, who had appealed against the Madras HC’s decision refusing to close or transfer the bar, advocate Nandakumar told a bench of Justices D.Y. Chandrachud And BV Nagarathna said that due to the short distance between the bar and the temple, many people get drunk and then come into the temple creating ruckus and often disturb the rituals and festivals of the temple. “Even if the bar is not closed, it can be moved out of respect for public sentiments,” he argued.
Justice Chandrachud said, “We do not want to hurt the religious sentiments of the devotees. But, once the statutory distance is maintained between the two, there is little legal can do by the courts. Further, the temple trust has questioned the existence of Haven’t objected. The bar is nearby. Why should we interfere in the High Court’s decision?”
When Nandakumar again argued the nuisance created in the temple by the bar drinkers, Justice Nagarathna observed, “Whether the bar is at a distance of 500 meters or 1000 meters, people who drink alcohol and then want to go to the temple.” They can also create. Same kind of nuisance.”
An HC Bench of Chief Justice Sanjib Banerjee And Senthilkumar Ramamurthy On July 16, the single bench order had been set aside directing the authorities to cancel the license of the bar. On appeal, the Division Bench of the HC said, “The distance from the outer end of the bar to the entrance of Throbathiammam temple is shown to be 114.5 meters, which is much more than the prohibited distance.”
“In the light of such findings, there does not appear to be any ground to cancel the license granted to the bar concerned, as the bar is not situated within a prohibited distance, nor does it contravene any other condition,” HC Bench had said.
However, the HC had clarified that if the land separating the bar and the temple is used by the temple authorities for regular religious purposes, the authorities may take necessary steps.
the root of the dispute is the existence of jothi barr 114.5 meters from the entrance of Throbathiammam Temple In Puducherry, beyond the statutory minimum distance of 100 meters between a watering hole and a place of worship.
A PIL appeared on behalf of the petitioner, who had appealed against the Madras HC’s decision refusing to close or transfer the bar, advocate Nandakumar told a bench of Justices D.Y. Chandrachud And BV Nagarathna said that due to the short distance between the bar and the temple, many people get drunk and then come into the temple creating ruckus and often disturb the rituals and festivals of the temple. “Even if the bar is not closed, it can be moved out of respect for public sentiments,” he argued.
Justice Chandrachud said, “We do not want to hurt the religious sentiments of the devotees. But, once the statutory distance is maintained between the two, there is little legal can do by the courts. Further, the temple trust has questioned the existence of Haven’t objected. The bar is nearby. Why should we interfere in the High Court’s decision?”
When Nandakumar again argued the nuisance created in the temple by the bar drinkers, Justice Nagarathna observed, “Whether the bar is at a distance of 500 meters or 1000 meters, people who drink alcohol and then want to go to the temple.” They can also create. Same kind of nuisance.”
An HC Bench of Chief Justice Sanjib Banerjee And Senthilkumar Ramamurthy On July 16, the single bench order had been set aside directing the authorities to cancel the license of the bar. On appeal, the Division Bench of the HC said, “The distance from the outer end of the bar to the entrance of Throbathiammam temple is shown to be 114.5 meters, which is much more than the prohibited distance.”
“In the light of such findings, there does not appear to be any ground to cancel the license granted to the bar concerned, as the bar is not situated within a prohibited distance, nor does it contravene any other condition,” HC Bench had said.
However, the HC had clarified that if the land separating the bar and the temple is used by the temple authorities for regular religious purposes, the authorities may take necessary steps.
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