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Gujarat High Court's 2 am order: No Rath Yatra on road in Ahmedabad in view of Covid-19 outbreak

Last Updated 23 June 2020, 05:06 IST

In a dramatic turn of events in Ahmedabad, the Gujarat High Court in a hearing held at midnight rejected petitions filed by various parties including by the state government seeking permission to hold a "symbolic" Rath Yatra procession of Lord Jagannath on Tuesday.

Hours after the order was passed, the annual event was held inside the temple premises where Chief Minister Vijay Rupani performed the rituals under tight police security.
The division bench of the High Court of Chief Justice Vikramnath and Justice J B Pardiwala passed an order at 2 am rejecting all the pleas which had sought permission to take out a symbolic Rath Yatra in Ahmedabad citing Supreme Court's order which allowed Rath Yatra in Puri, Odisha. This would have been the 143rd Rath Yatra in Ahmedabad which over the years has become one of the biggest religious events in the state where lakhs of people participate.

The bench led by Justice Vikramnath ordered, "There may not be denial about the order passed by the Supreme Court today, but the situation in Ahmedabad on account of pandemic of Covid-19 cannot be compared with the situation in Puri or in the State of Orissa. Despite the fact that assurance being given by the State and all other applicants, we still do not find any good ground to recall or modify our order dated 20.06.2020. All the Civil Applications are accordingly rejected."

The order mentions, "We make it clear that on account of paucity of time and the urgency of the order being made available to the parties, we have not dealt with the reasons in detail." The court also directed the administration to circulate this order to each lawyer who was part of the litigation through WhatsApp and email. The court also directed this order to be sent to the print, digital and electronic media through similar means which the administration followed.

Earlier on June 20, the Gujarat High Court had allowed a Public Interest Litigation (PIL) filed by a journalist, Hitesh Chavda, seeking cancellation of yatra in view of the rising Covid-19 cases and death rate being the highest in the country. The petitioner had submitted that the yatra covers 16 to 18 km which would pass through three Covid-19 containment zones and one buffer zone. The route is flanked by lakhs of devotees and participants.

What has puzzled the court is the fact that the Jagannath Mandir Trust, the organiser, had sought permission for the event from Ahmedabad Municipal Corporation and police commissioner through a letter dated May 18. However, no decision was taken by them. While deciding the PIL on June 20, the High Court sought explanation from the government for this "inaction."

As a matter of fact, the state government didn't take any decision till Monday evening when the Supreme Court allowed Rath Yatra in Puri. Chief Minister Vijay Rupani visited the temple premises for evening ritual and announced the government would move the High Court to seek permission for taking out conditional procession. Earlier in the day, a similar application had been rejected by the High Court which was filed by an NGO.

Meanwhile, in the evening first two applications had been filed in the court on behalf of Mahant Akhileshwardasji Ramlakhandasji, the representative of Gopal Lalji Ramji Mandir Moti Salavivad Saraspur Mosad (uncle) of Lord Jagannath and another was filed by Nilay Patel on behalf of Krutesh Samir Patel praying for being impleaded as party respondent and permitting the Rath Yatra with shortest possible route.

Before the court could pass any order, four more pleas were filed including on behalf of an NGO Hindu Yuva Vahini by 7.17 pm. Court received another application filed by the state Government at 9:35 pm. The bench was constituted and the hearing finally commenced at 00:45 hours and concluded at 2 am. The court rejected all the pleas.

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(Published 23 June 2020, 04:51 IST)

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