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2020 Supreme(SC) 979
SUPREME COURT OF INDIA
ARUN MISHRA, B.R. GAVAI, KRISHNA MURARI, JJ.
Nishikant Dubey - Petitioner
Versus
Union Of India & Ors. - Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 8716 Of 2020 (Arising out of impugned final judgment and order dated 04/03-07-2020 in WPPIL No. 1753/2020 passed by the High Court Of Jharkhand at Ranchi)
Decided On : 31-07-2020
For the Petitioner: Mr. Samir Malik, Mr. Prashant Kumar.
For the Respondents: Mr. Tushar Mehta, Ms. Swati Ghildiyal, Ms. Shraddha Deshmukh, Mr. B.V. Balram Das, Mr. Salman Khurshid, Mr. Tapesh Kumar Singh, Mr. Kumar Anurag Singh, Ms. Pallavi Langar, Ms. Lubna Naaz, Ms. Jyoti Singh, Mr. Aadya Mishra.
The State is duty-bound to enforce social distancing norms and consider allowing limited entry of the general public in religious places during important festivals.
Headnote:
TEMPLE ENTRY - Religious Places - State Directives - Ministry of Home Affairs Orders - Social Distancing Norms - Limited Entry of General Public - Online Booking - Darshan - Shravan and Bhado Months - Jyotirlinga Temple - Baidhyanath Jyotirlinga Temple - Deoghar - Baidhyanath Jyotirlinga Temple Act, Section 3 - Ministry of Home Affairs Orders, Section 4 - State Directives, Section 5 - Social Distancing Norms, Section 6
Fact of the Case:
The petitioner sought entry of the general public in Baidhyanath Jyotirlinga Temple and Baba Basukinath Temple during the month of Shravan. The High Court allowed online darshan but prohibited public participation in the Shravani Puja and denied entry to local inhabitants of Deoghar.
Finding of the Court:
The Court found that the complete restriction on public darshan was unreasonable, and the entry of a large number of pandas was not conducive to preventing the spread of COVID-19. It modified the High Court's direction and left it to the State to consider allowing limited entry of the general public, similar to arrangements in other religious places.
Issues: The issues involved the restriction of public entry in religious places, the allowance of online darshan, and the management of social distancing norms during religious festivals.
Ratio Decidendi: The Court emphasized the need for the State to enforce social distancing norms and consider allowing limited entry of the general public in religious places, while also regulating the entry of pandas and priests to prevent large congregations.
Final Decision: The Court modified the High Court's direction and urged the State to consider allowing limited entry of the general public in temples, churches, and mosques, leaving the decision to the State.
ORDER :
1. Heard learned counsel for the parties at length.
2. In the special leave petition, the prayer has been made to direct the entry of the general public in Baidhyanath Jyotirlinga Temple at Deoghar and Baba Basukinath Temple during the month of Shravan. The High Court has passed an order that online darshan should be allowed during the entire course of Shravani Puja. Accordingly, directions have been issued for online darshan. At the same time, the High Court has also ordered that Puja of Jyotirlinga would continue during the month of Shravan and Bhado, but the same will be done by the temple trust without allowing any public participation.
3. The prayer was made before the High Court to allow limited number of devotees to participate in Shravani Puja and to perform the puja every day. The High Court has opined that it would not be appropriate to allow some people of public to participate in Shravani Puja and depriving the others. Prayer was also made that local inhabitants of the District of Deoghar may be allowed to participate in Shravani Puja but the High Court declined the same on the ground that local people of the Deoghar cannot be treated differently so far as the religious faith is concerned, in comparison to those people who are living outside the periphery of District Deoghar.
4. Our attention has been attracted to the State Directives allowing the various activities. The learned counsel appearing for the petitioner has submitted that though activities at the public places and worship places are prohibited in the State Directives, but, at the same time, gatherings related to marriage have been allowed, maintaining social distancing with stipulation that maximum number of persons at gatherings shall not be more than 50 and public transport etc. have also been allowed. As such, the restrictions imposed by the State Government on the entry in the places of worship for public are unwarranted.
5. On the other hand, Mr. Salman Khurshid, learned senior counsel appearing with Mr. Tapesh Kumar Singh, Additional Advocate General, appearing for the State of Jharkhand, has attracted our attention to the orders issued by the Ministry of Home Affairs on 29.07.2020 and the Directives issued pursuant thereto by Government of Jharkhand on 30.07.2020 in which the restrictions, previously imposed, have been extended till 31.08.2020.
6. 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, general public is deprived of even limited entry in the temple premises.
7. It is true that 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 public is prima facie unreasonable. At the same time, we are alarmed by the argument which has not been specifically controverted on behalf of the State that thousands of pandas are gaining entry into the temple premises every day. However, Mr. Salman Khurshid, learned senior counsel, has stated that only limited number of pandas are permitted in the sanctum sanctorum. This was also controverted by the learned counsel for the petitioner and he tried to convince us that large number of pandas are permitted, at the same time, in the sanctum sanctorum (Garbh Grih) also, whereas entry of general public is not being allowed at all even in premises to have darshan from distance.
8. After hearing learned counsel for the parties, we are not happy with the situation that thousands of pandas are being permitted entry in the temple every day. This cannot be said to be very conducive situation so as to prevent the spread of virus Covid 19. Entry of such large number of pandas, as alleged, should not be permitted. Same is required to be regulated and only limited number of persons as may be permissible as per social di
