The observation by a divison bench of Chief Justice K. G. Balakrishnan and Justice M. H. Kadri follows a public interest litigation (PIL) by Piyush C Chauhan and Lankesh Chakrabarty, seeking directives to the authorities not to waste ghee in such a large quantity.

Palli is celebrated on the ninth day of Navratri, in which ghee collected at some 27 spots from all over the the village is poured on a holy fire kindled atop a wooden frame, which is carried through the streets in a procession.

The petitioners' allegation was that the ghee poured on the Palli spilled into the streets, and was later picked up by the poor for eating. This religious practice was in violation of basic human rights and required to be banned, they submitted. Also, the religious practice was against public order and hygiene and, hence, against Article 25 of the Constitution, it was alleged.

The court observed that Palli was a religious rite and Article 25 gave protection not only to the matters of doctrine or belief but to acts like rituals and ceremonies. Besides, the State can intervene and prohibit such acts if there are opposed to public order, morality, and health. ``We do not think that this ritual as such is opposed to public order, marality or health,'' the court observed.

Though the picking up of spilt ghee by the poor was an unhygienec practice, it cannot be prevented as it was a voluntary act by some people, the court observed. ``Collection of such ghee is not part of the religious function and it is being done by the poor people out of sheer poverty and ignorance''.

However, the court made it clear that in view of the Constitutional provisions it could direct the authorities to stop the religious function. But the court cited Shani Shingnapur, a shrine 40 km from Ahmednagar in Maharashtra, where oil offered to the idol is sold to soap factories to finance the temple's Rs 30-crore devemopment plan. The organisers of Palli can take cue from this practice, the court suggested.