High Court allows Diwali at Mahasu temple, bans torches and processions in residential areas
Photo used for indicative purpose only. Source internet
Shimla, Oct 17,
The Himachal Pradesh High Court on October 17, 2025, issued a ruling partially allowing residents from two Gram Panchayats to celebrate ‘Nayi Diwali’ at the Mahasu Devta Temple in Village Gaunkhar, Shimla District, while simultaneously laying down stringent rules to prevent a recurrence of past violence. The judgment, delivered by Justice Sandeep Sharma, addressed a petition filed by Gaunkhar residents seeking to enforce a prior order that restricted neighbouring villagers from entering during the festival due to incidents of ruckus, weapon-carrying, and violence in previous years. The court observed that completely banning the celebration would infringe upon the fundamental right to religious practice of the residents of Dhar Chandna and Bawat, who claim the celebration is an ancient custom of deep faith, protected under the Constitution.
To balance religious freedom with the preservation of public order, the court issued a list of mandatory directives. Crucially, the celebration must be completed and conclude by 8:00 PM. Furthermore, the court placed a strict geographical restriction: residents of Dhar Chandna and Bawat are restricted solely to the courtyard and premises of the temple and are strictly prohibited from entering the residential areas of Village Gaunkhar in a procession. The carrying of traditional ‘Mashaals’ (torches), dancing, and singing in procession on the main road and in residential areas was also expressly banned.
The Deputy Commissioner and Superintendent of Police, Shimla, were ordered to deploy adequate police personnel—including female officers—with the authority to take immediate and strict action against any miscreant, particularly those under the influence of alcohol. Finally, the Pradhans of the Gram Panchayats involved were held personally responsible for ensuring compliance, with a warning that failure to uphold their undertaking could result in penal and contempt proceedings.
The court disposed of the petition with these directions, suggesting that elected representatives from all villages should meet after the festivities to permanently resolve the long-standing dispute.
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