SC Allows Jagannath Rath Yatra At Puri On Conditions

[Breaking] SC Allows Jagannath Rath Yatra At Puri On Conditions

Modifying the absolute stay on conduct of Jagannath Rath Yatra in Odisha, the Supreme Court on Monday allowed the Rath Yatra at Puri, observing the strict restrictions and regulations of the Centre and the State Government.

A bench headed by Chief Justice of India ordered that the Centre and State should "work in tandem". Detailed instructions will be stated in the signed copy of the order soon to be released.

The bench also clarified that the State Government will be at liberty to stop the festival in the event of any public health emergency.

The Central Government supported the modification of the stay order to allow the Rath Yatra after taking necessary precautions.

Solicitor General submitted that there are guidelines of the Central Government, as per which the Rath Yatra can be carried out without compromising health and safety.

He asserted that no compromise shall be made while carrying out the Puri Rath Yatra in terms of health and safety. 

"Traditions of centuries cannot be stopped. It is a matter of faith for crores. If Lord Jagannath will not come out tomorrow, he cannot come out for 12 years as per traditions", the SG had submitted in the morning.

Senior Advocate Ranjit Kumar, appearing for the original petitioner Odisha Vikas Parishad, expressed concerns about the rise of COVID-19 cases in the state. He pointed out that the Rath Yatra goes on for "10 to 12 days".

The application for modification was moved by Jagannath Sanskriti Jana Jagaran Manch challenging stay imposed on the annual Rath Yatra on the ground that Odisha Vikas Parishad - the original petitioner - had concealed material facts and had not apprised the court of requisite arrangements ensuring social distancing.

Though the petition was originally listed before a bench headed by Justice Arun Mishra, it was later considered by a bench comprising CJI S A Bobde (who was at his Nagpur residence), Justice Dinesh Maheshwari and AS Bopanna. The shift happened after the Solicitor General made a mention before Justice Arun Mishra in the morning, seeking the conduct of the Rath Yatra on conditions.

Stating that Odisha High Court had already decided on the issue, the applicant drew court's attention to the order passed by HC on June 9, wherein due consideration had been given to all precautionary aspects.

Vide this order, the State Government had been given authority to take a decision about the Rath Yatra after ensuring all arrangements were consistent with the relevant directives issued by the Centre and State guidelines

In light of this, the applicant detailed the precautions undertaken to ensure all guidelines were followed to carry out the Yatra on June 23. 

"The Deba Snan Purnima ritual was performed on 05.06.2020 with the help of 800 servitors. Before performing the ritual all the 800 servitors had undergone the COVID Test and all are found negative. The 800 servitors are in isolation for more than 1 month as on today…"

Further, it is emphasised that while the occasion usually witnesses the presence of over 2 lakh devotees every year, this year, the State Government and District Administration had issued guidelines to impose Section 144, thus disallowing any devotee from watching the 'darshan'.

Attempting to address the Top Court's concern regarding public health and safety, the Applicant urged that,

"The Rath Yatra can be performed with the help of 500-600 servitors by maintaining the social distance on the road of 3km stretch and by imposing restrictions as well as imposing Section 144 of CR.P.C."

Stating that customary practice of the temple has been carried out since times immemorial, applicant averred that the that stay order be reversed, especially since rituals enunciate a million sentiments.

On June 18, Top Court had ordered that no Rath Yatra should be held, keeping in mind the pandemic situation.

Agreeing to Petitioner's Counsel, Senior Advocate Mukul Rohatgi's submissions that allowing the Yatra would lead to a "catastrophic" situation, a bench headed by Chief Justice SA Bobde had ordered that the Chariot festival which attracts a congregation of nearly 10 lakh people in Bhubaneswar shall not be allowed in the interest of public health and safety of citizens.

CJI Bobde had observed "We are not allowing this. Lord Jagannath will not forgive us if we allow this to continue. Activities related to the Rath Yatra are injuncted"

The Court also ordered that no secular or religious activity associated to the Rath Yatra will take place this year in Odisha.

Senior Advocate Harish Salve, who represented the State of Odisha, also suggested that it would be better to stop the festivities.

Though some of the intervenors pleaded that rituals related to the Yatra should be permitted, the bench did not accept it.


(With input Live Law) 

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