Tag: puri rath yatra coronavirus

SC Explains Why It Changed Its Mind on Rath Yatra Despite COVID-19 Fears

With the Supreme Court reluctantly agreeing to lift its stay, there are no convincing reasons why similar religious festivals cannot be allowed even as the court appears to test its own commitment to Article 25 of the constitution. 

On Monday, the Supreme Court’s vacation bench of the Chief Justice of India S.A. Bobde and Justices Dinesh Maheshwari and A.S. Bopanna lifted the stay on Puri’s annual Rath Yatra festival – which is set to begin on Tuesday.

This decision was in response to the Centre’s application seeking modification of the bench’s June 18 order imposing the stay. The Centre’s application was also supported by several intervenors.

On June 18, the same bench had imposed the stay on the Rath Yatra, and claimed that its decision could be justified in terms of Article 25 of the constitution – which confers the right to freely profess and propagate religion subject to health, apart from public order and morality and to other provisions of Part III of the constitution.

On Monday, the Odisha government, which had originally supported the stay, changed its stance and backed the Centre’s and interveners’ plea.

In its order released on Monday explaining why it lifted its stay on the Rath Yatra, the bench recalled that during the hearing on June 18, it had suggested to the parties involved that the procession of chariots, the Rath Yatra itself, could be allowed to proceed without the general congregation of devotees. The parties had responded to it, saying that it would be impossible to ensure that there is no congregation.

“This court was, therefore, left with no option but to grant an injunction restraining the Rath Yatra itself,” the bench explained.

Also read: Supreme Court Agrees to Allow Rath Yatra, But Only at Puri and With Restrictions

On Monday, the bench took note of the state government’s fresh affidavit that it might be possible to conduct the Rath Yatra at Puri “in a limited way without public attendance”. “This has been proposed by Gajapati Maharaj of Puri, who is the chairman of the Puri Jagannath Temple Administration. Indeed, if it is possible to ensure that there is no public attendance, we see no reason why the Rath Yatra cannot be conducted safely along its usual route from temple to temple,” the bench concluded.

The bench then issued the following directions to ensure that the yatra is conducted safely:

  1. All entry points into Puri – airports, railway stations, bus stands etc – shall be closed during the festival.
  2. The state government shall impose a curfew in Puri on all the days during the time when the Rath Yatra chariots are taken in procession. The state government may also impose curfew in Puri on such other days and during such time as deemed necessary. The curfew shall begin on Monday night itself at 8 pm.
  3. Each rath, that is, chariot, shall be pulled by not more than 500 persons. Each of those 500 persons shall be tested for coronavirus. They shall be permitted to pull the chariot only if they have been found negative. The number 500 shall include officials and police personnel.
  4. There shall be an interval of one hour between two chariots.
  5. Each of those who is engaged in pulling the chariot shall maintain social distancing before, during and after the Rath Yatra.
  6. Only such persons shall be associated with the rituals who have been found to have tested negative and shall maintain social distancing.
  7. The primary responsibility for conducting the Rath Yatra in accordance with these conditions shall be that of the committee in-charge of Puri Jagannath Temple Administration.
  8. The rituals and the Rath Yatra shall be freely covered by the visual media.
  9. The bare minimum number of people shall be allowed by the committee to participate in the rituals and in the Rath Yatra.
  10. The state government shall maintain a record containing details of all those who have been allowed to participate in the Rath Yatra or the rituals  connected therewith along with details of their medical conditions after testing.

Earlier, Union home minister Amit Shah tweeted:

Amit Shah continued:

Despite agreeing to lift its stay on the Rath Yatra, the bench appeared concerned about the impossibility of tracking any and all infected people after the festival. The bench also referred to the submission that during the 18th-19th century, a yatra of this kind was responsible for the spread of cholera and plague “like wildfire”. “We say this in order to remind the authorities concerned that the situation can become dangerous if the rules of caution are ignored,” the bench emphasised in its order.

Despite the bench’s concern, the question whether the court succumbed to pressure from a religious body through the Central and state governments remains. Much, however, will depend on whether the authorities comply with the conditions and norms imposed by the court. By lifting its own stay on the Rath Yatra, the court appeared to test its own commitment to secularism and Article 25 of the constitution. As the bench has disposed of the petition and the applications in the case, its future intervention can only be invoked through contempt jurisdiction – if there is any proof of violation of its order.

Will it open Pandora’s box?

Although the bench has agreed to lift the stay on Rath Yatra only in the case of Puri, there are no convincing reasons why similar religious festivals cannot be allowed, if the organisers and the state government concerned agree to follow the conditions and the norms imposed by the court.

On Saturday, the Gujarat high court relied on the Supreme Court’s June 18 order imposing a stay on the Rath Yatra to deny permission to the Rath Yatra in Ahmedabad, scheduled to begin from Tuesday.

On April 17, Madurai’s Chithirai festival, scheduled to commence from April 25 was cancelled, with the authorities making arrangements for live-streaming the celestial wedding (Thirukalyanam) of Meenakshi-Sundareswarar. As a result, the flag hoisting ceremony, coronation ceremony, and the temple car festival were not held. Like Puri’s Rath Yatra, Madurai’s Chithirai festival too has a historical legacy, drawing a footfall of five to 10 lakh devotees every year.

The impact of Supreme Court’s order on Monday on other religious festivals to be held across the country, therefore, will be watched with interest.

Supreme Court Agrees to Allow Rath Yatra, But Only at Puri and With Restrictions

The CJI-led bench said the court cannot “micro-manage” the rituals and left it to the state government, the Centre and the temple management.

New Delhi: Four days after staying the historic Lord Jagannath Rath Yatra at Puri, the Supreme Court Monday indicated it would allow the event, which is scheduled to start tomorrow, saying the court cannot “micro-manage” the rituals and left it to the state government, the Centre and the temple management to deal with that issue.

A bench headed by Chief Justice S.A. Bobde was informed by the Odisha government that it will coordinate with the temple management and the Centre to make things smooth during Rath Yatra, which is attended by lakhs to people from around the world, and ensure compliance with health guidelines in view of the coronavirus (COVID-19) pandemic.

While hearing a PIL filed by NGO ‘Odisha Vikash Parishad’ the apex court on June 18 had said that in the interest of public health and safety of citizens, this year’s Puri Rath Yatra cannot be allowed and that “Lord Jagannath won’t forgive us if we allow” it.

A day after the order was passed, some applications were filed in the top court seeking recall and modification of its order.

These applications, including those filed by ‘Jagannath Sanskruti Jana Jagarana Manch’ and BJP leader Sambit Patra, urged the court to allow the Rath Yatra with certain restrictions due to the pandemic.

The bench, also comprising Justices Dinesh Maheswari and A S Bopanna, was informed by the Centre that Rath Yatra can be conducted without compromising on citizen’s health and with co-operation of state and temple trust.

The bench, whose order is yet to be uploaded on the apex court website, amply indicated during the hearing that it will allow the Rath Yatra by leaving the micro-management to the wisdom of the Centre, the state and temple trust.

The top court said that it is considering the issue of conducting Rath Yatra in Puri only and not at other places in Odisha.

CJI Bobde, who presided over the hearing through video conferencing from his Nagpur residence, said that the order will be made public after some time.

During the hearing, the Solicitor General Tushar Mehta, appearing for the Centre said that without compromising on the health of the people and with the cooperation of the temple trust, the Rath Yatra can be conducted.

He said the procession can be confined without hurting the religious sentiments of the people and the Centre can consult with Puri’s Shankaracharya.

The bench said it is not concerned with whom the Centre is talking to and does not see a point in the deliberations.

Senior advocate Harish Salve, appearing for the Odisha government said that the Yatra or the procession will not be conducted in the entire state.

The bench said that it is only considering holding of the Yatra in Puri and not anywhere else in Odisha.

The top court said the when temple committee and the trust are responsible for conducting the Rath Yatra, then why Shankaracharya is involved.

Mehta said that it is done only for the consultation purpose.

Salve said the chariot can be pulled by ‘shebaits‘ or police personnel who have tested negative for COVID-19.

Senior advocate Ranjit Kumar, appearing for Odisha-based NGO, which filed the PIL for the cancellation and deferment of the annual festival, said that if the Rath Yatra is permitted by the court then minimum number of people of the temple should be allowed to participate in the ritual.

The bench said the court is not going to micro-manage the Rath Yatra and it will leave it to the wisdom of the Centre, the state and the temple trust for conducting the rituals.

Salve added that they would coordinate between the Centre and the temple committee and ensure that the health guidelines are followed and things go smoothly.

While the Rath Yatra festival, held over 10-12 days with lakhs of people participating, was scheduled for June 23, the ‘Bahuda Jatra’ (return car festival) was fixed for July 1.

Three heavily-built wooden chariots of Lord Jagannath, Lord Balabhadra and Devi Subhadra are traditionally pulled by thousands of devotees over a distance of three kilometres twice during the nine-day festival of the Trinity at Puri.

The application filed by ‘Jagannath Sanskruti Jana Jagarana Manch’ has sought modification of the June 18 order, saying the festival is deeply associated with the religious beliefs of millions of devotees of Lord Jagannath and it is “not impossible and impracticable” for the state and district administration to conduct the Yatra by maintaining social distancing and following the Centre’s guidelines.

Besides this, a separate application seeking modification of the June 18 order has been filed by one Aftab Hossen, who has said that “as per the ritual of Lord Jagannath, the Rath Yatra is performed every year and if one year it is not performed, same cannot be performed for the next 12 years”.

Hossen, while urging the apex court to modify its order and allow the Rath Yatra, has said in his application that restraining the Rath Yatra this year would practically mean restraining it for the next 12 years and this could create “great repercussion and chaos” in the Lord Jagannath culture and rituals.

In its separate application, the ‘Jagannath Sanskruti Jana Jagarana Manch’ has said that as per the earlier direction of the Orissa High Court as well as decision of the state government, 372 people were engaged in the construction of three raths/chariots for more than one-and-half months and all were isolated, tested and found COVID-19 negative.

Puri: Jagannath Temple Committee Requests Odisha Govt to File Application on SC’s Ban Order

The head of the temple’s managing committee said he was optimistic about holding the yatra this year as the apex court was not apprised that the festival can also be organised in the absence of devotees.

Puri: The Shree Jagannath Temple Managing Committee and the servitors of the 12th-century shrine urged the Odisha government late on Friday night to file a fresh application in the Supreme Court seeking modification of its order staying the annual chariot festival in Puri in view of the COVID-19 pandemic.

Gajapati Maharaja of Puri Divyasingha Deb, who heads the managing committee, said he was optimistic about holding the Rath Yatra this year as the apex court was not apprised that the festival can also be organised in the absence of devotees.

Deb pointed out that the Supreme Court was told about a possible congregation of around 10 to 12 lakh people during the festival.

“The court should be apprised that earlier, Lord Jagannath’s Snan Purnima (bathing rituals) was also held smoothly without devotees on June 5. The court has not been appraised of this development,” he said.

“Earlier, the managing committee had recommended to the state government to organise the festival without devotees and by sealing Puri. People can watch the festival on TV,” he told reporters after a marathon meeting with the servitors.

Deb, however, pointed out that the state government, which was expected to ensure holding of the festival, did not mention about the managing committee’s proposal of making the Rath Yatra happen without devotees in the wake of the pandemic.

“Our plan and proposal of holding a festival without crowd were not properly presented before the apex court,” he said, adding that the June 18 Supreme Court order is an interim one.

“Hearing on the modification petition will take place on Monday and we have to wait till then,” he said, adding that the committee, as well as the servitors, are hopeful of partial modification in the Supreme Court order.

To a question as to why the managing Committee’s advocate remained silent in the Supreme Court when the state government apprised the judges that around 12 lakh people will congregate on the occasion, Deb said, “The committee is under the government as per the Shree Jagannath Temple Act. Therefore our advocate could not oppose the state government in the court.”

This apart, while the state government engaged the country’s prominent lawyer Harish Salve, the managing committee engaged a junior advocate, he said.

“We were expecting that the government would come to the rescue of the managing committee. However, the state government’s facts on the possible congregation changed the situation,” Deb said.

The Chhatisa Nijoga, the apex body of servitors, will hold discussions regarding alternative rituals of the Ratha Yatra inside the temple on Saturday and Sunday in case the order of the Supreme Court remains unchanged on Monday, he added.

The Supreme Court on Thursday stayed this year’s Rath Yatra, which is attended by lakhs of people from across the world due to the COVID-19 pandemic and said, “Lord Jagannath won’t forgive us if we allow” it.

A bench of Chief Justice S.A. Bobde and Justices Dinesh Maheshwari and A.S. Bopanna said that in the interest of public health and safety of citizens, this year’s Rath Yatra at Puri in Odisha can’t be allowed.

“Lord Jagannath won’t forgive us if we allow this year’s Rath Yatra to go on”, CJI Bobde said, adding that as such a huge gathering can’t take place during the pandemic.

The apex court’s order came on a PIL filed by an Odisha-based NGO seeking cancellation or postponement of this year’s Rath Yatra.

SC Stays This Year’s Jagannath Rath Yatra in Puri Due to COVID-19

The bench said that in the interest of public health and safety of citizens, this year’s Rath Yatra at Puri in Odisha cannot be allowed.

New Delhi: The Supreme Court on Thursday stayed this year’s historic Puri Rath Yatra starting from June 23 as also the related activities due to the COVID-19 pandemic, saying that “Lord Jagannath won’t forgive us if we allow” it.

A bench of Chief Justice S.A. Bobde and Justices Dineesh Maheshwari and A.S. Bopanna said that in the interest of public health and safety of citizens, this year’s Rath Yatra at Puri in Odisha can’t be allowed.

“Lord Jagannath won’t forgive us if we allow this year’s Rath Yatra to go on”, CJI Bobde said, adding that as such a huge gathering can’t take place during the pandemic.

The bench asked the Odisha government not to allow the yatra or pilgrimage procession and the related activities anywhere in the state to avoid the spread of coronavirus (COVID-19).

During the hearing, senior advocate Mukul Rohatgi, appearing for the petitioner NGO, said that if Rath Yatra is allowed huge congregation of people will take place, exposing them to a higher risk of infection by coronavirus.
The bench said it is a serious matter.

Solicitor General Tushar Mehta, appearing for the Centre, said that it needs time till tomorrow to file the reply.

A counsel appearing for an intervenor said the Odisha government has issued a notification that there shall be no public gathering till June 30.
However, the bench said that it is staying the festival starting from June 23.

The top court’s order came on a PIL filed by Odisha based NGO seeking cancellation or postponement of this year’s Rath Yatra, which continues for 10 to 12 days and is attended by millions of devotees from across the world.

Two pleas have been moved in the top court seeking to cancel or postponement of the historic ‘Rath Yatra’.

Besides the PIL filed by the NGO, Odisha Vikas Parishad, seeking stay on holding of the annual festival, an appeal has been moved by one Surendra Panigrahi of Bhartiya Bikash Parishad against the Orissa High Court order of June 9 which had asked the state government to decide on holding the ‘Rath Yatra’ festival in line with the COVID-19 guidelines.

The PIL said the religious congregation of such nature, which has been specifically prohibited by the state government vide its guidelines dated June 1 and June 7 and the guidelines dated May 30 of Ministry of Home Affairs, if allowed, will lead to catastrophic results and it will be very difficult on the part of the authorities to control the spread of the virus thereafter.

Thus, keeping in mind the interests of the general public at large, it would be apposite to postpone the Rath Yatra festival which is scheduled to commence on June 23, 2020, and further continue for a period of 10-12 days thereafter, the plea said.

It said that if the ‘Rath Yatra’ is allowed to happen on June 23, despite State Government’s prohibition on holding religious gathering or congregations, lakhs and lakhs of devotees from all over the country are going to gather for darshan’ of Lord Shri Jagannath.

If such a massive gathering takes place members of the crowd will not be able to maintain adequate distance, which will make them all vulnerable to contracting COVID-19 infection, it said.

It sought a direction to the Centre and the state government for not granting any permission for holding the ‘Rath Yatra’ festival.

The appeal of Panigrahi also mentioned similar grounds for deferment of Rath Yatra and said, This time the entire country including the state of Odisha is presently passing through a very critical situation due to outbreak of COVID-19 pandemic in India as well as Puri district.

On June 9, the High Court on the PIL filed by Panigrahi has directed that the state government that in case it decides to hold ‘Rath Yatra’ festival at Puri in consistency with the Covid-19 guidelines, then it must also duly consider deploying machinery or other means like elephants to pull the chariots.

The three heavily built wooden chariots of Lord Jagannath, Lord Balabhadra and Devi Subhadra are traditionally pulled manually over a distance of three kilometres twice during the nine-day festival of the Trinity at Puri.

While the festival is scheduled for June 23, the ‘Bahuda Yatra’ (return car festival) is fixed for July 1.

The High Court had said that it is up to the state government to decide whether or not to allow the religious festival depending on the Coronavirus situation prevalent on the ground.

If, however, any such decision is eventually taken, the state government shall ensure strict adherence to the directives issued by the Centre and the State’s own orders containing additional guidelines to prevent the spread of COVID-19 virus, the high court had said.