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2020 Supreme(SC) 841

S. A. BOBDE, DINESH MAHESHWARI, A. S. BOPANNA
Odisha Vikash Parishad – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mukul Rohatgi, Advocate, Ranjit Kumar, Advocate, Ranjeeta Rohatgi, Advocate, Samten Doma, Advocate, Harish Salve, Advocate, Mahesh Agarwal, Advocate, Shibashish Misra, Advocate, K. Ramamoorthy, Advocate, Vimlesh Kumar Shukla, Advocate, Hitendra Nath Rath, Advocate, Tushar Mehta, Advocate, K.M. Nataraj, Advocate, Kanu Agarwal, Advocate, B.V. Balaram Das, Advocate, V.K. Shukla, Advocate, Swetaketu Mishra, Advocate, Sanjay Kumar Das, Advocate, V.K. Monga, Advocate, Narender Hooda, Advocate, Simranjeet Singh, Advocate, Nandita Hooda, Advocate, Pranaya Kumar Mohapatra, Advocate, Arijit Prasad, Advocate, Anjuman Tripathy, Advocate, Arya Tripathy, Advocate, Sahil Tagotra, Advocate, Mahesh Jethmalani, Advocate

JUDGMENT

1. Issue notice returnable four weeks.

2. It is not disputed that the number of people that are likely to gather for the annual Rath Yatra scheduled to be held from 23rd June, 2020, is going to be about 10 to 12 lakhs. The festivities normally continue for a period of 10 to 12 days. 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 251[

"25. Freedom of conscience and free profession, practice and propagation of religion :- (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law -

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu

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