Right To Worship At Temple Cannot Be Curtailed; State Must Balance Faith And Public Order: HP High Court

The Himachal Pradesh High Court has held that prohibiting entire communities from worshipping at their deity's temple violates their constitutional right to freedom of religion under Articles 25 and 26.

The Court stated that such rights can only be restricted on grounds of public order, morality, or health, and that too through reasonable and proportionate measures.

The Court remarked that: “Illegal acts of a handful of people cannot be ground to take away the right of freedom, profess, practice and propagate religion of public at large.”

Justice Sandeep Sharma remarked that: “Imposition of restraint is no solution, Freedom to profess, practice and propagate religion and to manage its own affairs in matters of religion cannot be taken away by passing a blanket order”

The petitioners, residents of village gaunkhar, district Shimla sought enforcement of an order of SDM which restricted neighbouring villages from entering the temple in gaunkhar during diwali celebrations.

They contended that diwali should be celebrated village wise as outsiders disorderly conduct during festivals had created fear and tension in their village.

Thereafter, the Sub-Divisional Magistrate restraining inhabitants of other Village from entering Village Gaunkhar and it was unanimously resolved that residents shall celebrate Diwali in their respective villages.

However, in 2023 hundreds of people from other village allegedly entered the gaunkhar village which led to manhandling and several police complaints.

They contended that in the name of upholding old traditions, the villagers entered drunk, and disrupted peace by carrying weapons to the temple.

In response, the residents of other village argued that Mahasu Devta Temple was their ancestral place of worship, and the magistrate had no authority to stop them.

Thus, the Court asked the villagers to resolve their disputes amicably after diwali.

Case Name: Padam Sharma & Ors.  v/s State of Himachal Pradesh & Ors

Case No.: CWP No.12099 of 2024

Date of Decision: 17.10.2025

For the petitioners: Mr. Ankush Dass Sood & Mr. N.S. Chandel, Senior Advocates with Mr. Ajay Sipahiya, Mr. Yashveer Singh Rathore & Mr. Prashant Sharma, Advocates.

For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan

Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State.

Mr. Shrawan Dogra, Senior Advocate with Mr. Bharat Thakur, Mr. Tejsavi Dogra and Ms. Bhanvi Negi, Advocates, for respondent No.7.

Mr. Ashir Kaith and Mr. Ankit Kaloti, Advocates, for respondent No.8.

Mr. Aman Kumar, SDM Kupvi, District Shimla, Himachal Pradesh and ASI/SHO Sat Prakash, PS Kupvi, District Shimla, Himachal Pradesh, present in person.

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