The Supreme Court reverses its decision and allows Rath Yatra

“IT IS A MATTER OF FAITH FOR CRORES“

Supreme Court of India

Pranjal Sharma | Symbiosis Law School, Hyderabad | 22nd June 2020

ODISHA VIKASH PARISHAD VERSUS UNION OF INDIA & ORS.

INTRODUCTION

On the 18^th of June responding to a plea the supreme court decided not to grant permission to hold Lord Jagannath’s Rath Yatra that is to be held on June 23^rd and stated that “Lord Jagannath won’t forgive us if we allow it,”. After which the Odisha government on 22^nd June 2020, presented to the apex court that it is prepared to hold the rituals by implementing certain precautions.

Considering the submissions of the Government the beach headed by Justice Arun Mishra lifted the court’s absolute stay and directed the Center and State to work in conjunction. This happened after the solicitor General Tushar Mehta who was representing Center submitted that no compromise shall be made in the matter of health and safety of the citizens while carrying out the Yatra and the guidelines of the Central Government shall be strictly adhered also stating that the Center has no objection with the Yatra and suggested telecasting it on TV. He said “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 petitioner who is Chief servitor of the Jagannath Temple presented that the Rath Yatra is protected by the constitution of India as it is an “essential religious practice” and non – performance of it shall affect that sanctity of the temple. The petitioner also claimed that the Rath Yatra was also held in 1919 under the outbreak of the Spanish flu.

FACTS

1. The current applications have been made by several parties for the modification of the order dates 18^th June 2020.
2. By the above mentioned order, the SC restrained the respondents from organising the Rath Yatra for the current year in the view of danger it could cause to 10 – 12 lakhs of devotees during the times of Corona Virus Pandamic.
3. The court was informed that in the 18^th -19^th a congregation of this kind was responsible to spread diseases like Cholera and Plague ‘like a wildfire’.
4. To prevent a situation like this to happen again the court had suggested to parties that the Rath Yatra can take place but only with-out general congregation of public, to which the courts were informed that such a demand is highly impossible to follow.
5. On the 22^nd of June 2020, The court in the present application, an affidavit on the behalf of the State of Orrisa through Gajapati Maharaj of Puri, Chairman of the Puri Jagannath Temple Administration was again informed that it is possible to organise the Yatra “in a limited way without public attendance”.

JUDGMENT

The court giving serious consideration to the matter and after hearing the parties, were in that view that the Rath Yatra at Puri may be held subject to following conditions

1. All the entry points into the city will be closed until the period of Rath Yatra Festival.
2. During the time of pooja procession and all the other days that deem necessary the government of Orissa shall impose a curfew in the city of Puri beginning from tonight 8 PM.
3. Each Chariot will be pulled by a maximum of 500 negative tested people, who shall during and after the Rath Yatra maintain social distancing.
4. There shall be a time gap of a minimum of one hour between two chariots.
5. The primary responsibility for conducting the Rath Yatra in accordance with the conditions and other norms shall be that of the Committee in-charge of Puri Jagannath Temple Administration who shall also be responsible for the compliance of the conditions.
6. The rituals of Rath Yatra shall be performed only by those who have been tested negative of the Corona Virus and shall be freely telecasted on the television.
7. The bare minimum number of people shall be allowed by the Committee to participate in the rituals and in the Rath Yatra.
8. The state government if deems necessary can take help and assistance from the Union Government.
9. The State Government is to maintain a detailed record of the attendees along with their medical profiles after testing.

The respectable bench also suggested that the State Government Shall be at the liberty to stop the festivities and any event-related in case of a public health emergency.