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A Petition has been filed in Gujarat High court under Article 226, Constitution of India 1950 in Public interest.
Writ applicant prayed before the court, to direct the respondent (Shri JaganathJi Mandir Trust) to restrain a large number of people from gathering during the procession and to ensure that the “social distancing norms” are strictly followed and among other grounds.
Petitioner relied on the Supreme Court’s Judgement in case of, Odisha VikasH Parishad vs. Union of India and others, whereby the Supreme Court has directed that there shall be no Rath Yatra anywhere in the temple town of Odisha or in any other part of the State this year. It is further directed that there shall be no activities secular or religious associated with the Rath Yatra during this period.
“Having regard to the danger presented by such a large gathering of people for the Rath Yatra, we consider it appropriate in the interests of public health and safety of citizens who are devotees to restrain the respondents from holding the Rath Yatra this year. Article 25 of the Constitution of India itself confers the right to freely profess and propagate religion subject to health”.
In view of above facts and circumstances and order of SC, Divison bench of Gujarat High Court directed that there shall be no Rath Yatra carried out for this year at Ahmedabad and at any other district in the state of Gujarat.
Court emphasized upon the need to prioritize the protection of Public health over religious expression by referring to,
“Court in case of incent Panikurlangara vs, Union of India reported in AIR 1987 SC 990. The same reads thus: As pointed out by us, maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society of which the Constitution makers envisaged. Attending to public health, in our opinion, therefore, is of high priority - perhaps the one at the top’’
Bench compromising of Chief Justice Vikram Nath and Justice JB Pardiwala remarked on, an article titled “Forced Closing of Houses of Worship During the Coronavirus: Both Legal and Right”
Court highlighted the role and importance of government in effectively communicating their intention to the people by strongly emphasizing and boldly sticking to their policies, knowing clearly that whatever the government does in the best interest of the people's health will instil confidence in the people and cause them to wholeheartedly support the Government decisions.
“Instead of taking a firm stance and boldly refusing to allow the Rath Yatra procession citing public health reasons, the government chose to follow a policy of appeasement and coaxing to convince the religious leaders, Temple authorities and organizers connected with Shri Jagannath Rath Yatra to avoid holding the Rath Yatra processions. During a pandemic, we do not have time for blandishment. We need action. Strong, pragmatic and robust action”
The court stated, While it is a virtuous right to gather and pray for the well being, One must not forget the role and duty as a responsible citizen during this pandemic it is mandatory to make the choice of health over religion.
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