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The Supreme Court on 01/08/2020 in its decision has modified the Jharkhand High Court denying permission for holding Shravani Mela Baidynath Temple amid Covid-19.
The Bench of Justice Arun Mishra, J. B.R. Gavai, J. Krishna Murari observed that, in all religious places, entry of a limited number of persons/devotees should have been allowed as is being done throughout India. It said that the High Court ought not to have directed that no entry should be permitted in the Shravan and Bhado months as it is for the state government to take a call on this.
The Court suggested to the state to find out a possibility of limited entry of the general public in temples, churches, mosques in the state. The court disposed of the Appeal by requesting the state government to find out a possibility of darshan, which ought to have been done for the general public as being done in Ujjain.
The Bench observed:
“The High Court has rightly ordered that Shravani Puja cannot be held holding big congregation fair, not even the Kanwar yatra could be permitted due to COVID 19, It appears prima facie that total restriction on darshan by the public is prima facie unreasonable.”
Regulate Entry of Pandas
“The petitioner has banked upon the argument that there are at least 20,000-30,000 Pandas, who are being allowed entries in the premises of Baidhyanath Jyotirlinga Temple but, at the same time, the general public is deprived of even limited entry in the temple premises. The entry of such a large number of pandas, as alleged, should not be permitted. The same is required to be regulated and only a limited number of persons as may be permissible as per social distancing norms should be permitted to enter the temple premises. When State Government is prohibiting the entry of the general public completely and there is not even an online booking permitted of few persons of the general public to enter the temple premises so that they could have darshan from the distance. We feel that State and Trust should have made an arrangement for regulated entries of pandas while maintaining social distancing. We were shown a video by the learned counsel appearing on behalf of the petitioner that a large number of pandas were there at the same time in the sanctum sanctorum during the month of Shravan. Let State Government and the Temple Trust make an arrangement that no large congregation takes place even of pandas in the temple premises and Garbh Grih. It is absolutely necessary in order to prevent the spread of COVID 19 infection. The State Government to ensure that only limited number of persons, maintaining social distancing, be that they are pandas and priests of the temple, enter the premises at the same time in the temple premises which may be permissible as per the social distancing norms issued by the Ministry of Home Affairs.”
Further, the bench also requested the state to find out a possibility of limited entry of the general public.
“The State cannot shirk from its responsibility to enforce the social distancing norms, particularly when there is opening up of such places throughout the world. As State Government has to make proper arrangements, we refrain from issuing a direction to the State Government, however, we earnestly request them to find out a possibility of limited entry of the general public in temples, churches, and mosques in the State. If not outside State, at least the person from within the State as is being done at some other places. We observe that the State is duty-bound to enforce social distancing norms on such important occasions/festivals. Let an effort be made by the State Government to find out the possibility of darshan to a limited number of persons which would be appreciated.”
The Bench disposed of the PIL with a ‘pious hope’ that the state will take positive steps as suggested if it is possible to do so.
Case Name: Nishikant Dubey v. Union of India
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