Gujarat HC criticises Vijay Rupani govt for 'appeasing' religious heads at time of coronavirus pandemic

The Gujarat High Court on Tuesday criticised the Vijay Rupani led BJP government for "appeasing" religious leaders instead of taking "bold and firm" decisions to cancel religious events in view of the coronavirus infection. Making several critical observations, the court held that "the government cannot and should not follow a policy of appeasing the cultural and religious heads."

The court's order came on a bunch of litigations which were filed against and in favour of holding annual Lord Jagannath Rath Yatra. The state government remained "indecisive" and moved court a few hours before the yatra was to be carried out, requesting to allow the temple to take out a symbolic yatra. The hearing had been conducted on June 23 midnight while the yatra was to begin on June 24. The high court refused permission to take out the 143rd yatra citing rising pandemic and especially the condition of Ahmedabad as one of the worst-hit cities and sought an answer from the government for being indecisive.

The temple trust had moved an application before the city police more than a month in advance but no decision was conveyed which led to scores of litigations. Based on court's order, the Ahmedabad police commissioner Ashish Bhatia and additional chief secretary, home, Sangeeta Singh filed affidavits recently. The division bench of chief justice Vikram Nath and justice J B Pardiwala didn't find the response satisfactory and remarked, "We are a bit disappointed with the stance of the state government as reflected from the two affidavits..."

The bench held that faith, spirituality and religion play an important role for some individuals during the pandemic but the problem emerges when large gatherings happen. Over the last few decades, the Rath Yatra has become the largest religious gathering in the state.

"To ensure the safety of ourselves, our family and our neighbours during this pandemic it is mandatory to make the choice of health over religion," the order states while adding that by not allowing the yatra, "we (court) avoided a major catastrophe that could have completely derailed the state government's fight against Covid-19."

The order notes that "What was disappointing was the passive and yielding approach of the state government." It says that the state government should focus on protecting the health of people as a secular body "even if it means hurting the religious sentiments of some religious leaders." It adds that "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...During a pandemic we do not have time for blandishment. We need action. Strong, pragmatic and robust action."

The court has observed that such issues shouldn't have reached court as such religious function should be permitted or not is a matter that falls within the domain of the executive wing of the state government." "Gujarat is a state where we have occasions to celebrate every other weekend. While it is emotional to see these cultural festivals not be celebrated, there is nothing more important than the safety and health of our people. The government cannot and should not follow a policy of appeasing the cultural and religious heads. This is not the time to sit, negotiate and persuade. A policy of appeasement sends out a very wrong message to the public," the order notes.