A bench of Justice Abhay Oka and Amjad Sayed observed that the Govinda festival was approaching near and the state government had not yet obtained clarification from the apex court on the height of human pyramids.
Last month, the High Court, while hearing a public interest litigation, had asked the state government to seek clarity from the Supreme Court on its order on the height of human pyramids.
The court was hearing a petition filed by city-based social worker Swati Patil, who is the secretary of Utkarsh Mahila Samajik Sanstha, an NGO.
Patil alleged that the Maharashtra government and others were not following earlier orders of the Bombay High Court on the height of human pyramids during Dahi Handi celebrations.
The High Court, on August 11, 2014, while hearing a petition filed by Patil, had ordered that the height of human pyramids should not exceed 20 feet and that children below the age of 18 years should not be allowed to take part in it.
According to the state government, the apex court did not express any opinion on the restriction imposed by the high court on the height of human pyramids. Hence, they were not bound by the earlier order of the high court.
The high court, however, is of the opinion that its earlier order would be in force unless it had been set aside by a higher court. Therefore, it asked the state government to get clarification from the Supreme Court about the same as the apex court order was silent on this aspect.
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