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2022 Supreme(Cal) 13
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
PRAKASH SHRIVASTAVA, KESANG DOMA BHUTIA, JJ.
Dr. Avinandan Mondal — Appellant
Versus
State Of West Bengal And Ors — Respondent
Writ Petition (P) No. 1 of 2022
Decided on : 07-01-2022
Advocate Appeared:
Srijib Chakraborty, Advocate, Aditya Mondal, Advocate, Suryaneel Das, Advocate, S.N. Mookherjee, Advocate, Anirban Roy, Advocate, Samrat Sen, Advocate, T.M. Siddiqui, Advocate, Nilotpal Chatterjee, Advocate, Avishek Prasad, Advocate, Aniruddha Chatterjee, Advocate, Rahul Karmakar, Advocate, Gargi Goswami, Advocate
The central legal point established is the State's duty to protect public health and safety under Article 21, 39(e), 39(f), and 47 of the Constitution of India, and the authority provided by the Gangasagar Mela Act, 1976, to declare 'Notified areas' for safeguarding the health, safety, and welfare of the pilgrims.
Headnote:
Public Interest - Gathering of Pilgrims in Gangasagar Island - Gangasagar Mela Act, 1976 - Section 3 - Article 21, 39(e), 39(f), 47 of the Constitution of India - Disaster Management Act, 2005 - West Bengal Epidemic Disease, COVID-19 Regulation, 2020
Fact of the Case:
The petitioner seeks directions to restrict and regulate the gathering of pilgrims, sadhus, and tourists in Gangasagar Island during the Makar Sankranti period due to the spread of COVID-19 virus, especially the Omicron variant. The State Government has filed an affidavit stating the measures taken to ensure safety during the Mela.
Finding of the Court:
The Court finds that the rapid increase in COVID-19 cases poses a significant risk to public health and safety. It emphasizes the State's responsibility to protect the life and liberty of the people under Article 21 of the Constitution of India. The Court also notes the measures taken by the State Government and the need for strict implementation to safeguard the health of pilgrims.
Issues: The main issue is the safety of pilgrims and the potential spread of COVID-19 during the Gangasagar Mela. The Court also addresses the adequacy of the measures proposed by the State Government and the need for strict implementation.
Ratio Decidendi: The Court relies on the Gangasagar Mela Act, 1976, particularly Section 3, to declare the Sagar Island as a 'Notified area' to safeguard the health, safety, and welfare of the pilgrims. It also emphasizes the State's duty under Article 21, 39(e), 39(f), and 47 of the Constitution of India to protect public health and improve public health standards.
Final Decision: The Court issues directions for the State to issue a notification declaring the Sagar Island as a 'Notified area', implement the restrictions under the Disaster Management Act, 2005, and make the public aware of the risks of visiting Gangasagar Island during the Mela period. It also constitutes a three-member committee to monitor compliance and recommend a ban on entry if necessary.
JUDGMENT :
Prakash Shrivastava, J.
The petitioner in this public interest petition is seeking various directions to restrict and regulate gathering of pilgrims, sadhus and tourists in Gangasagar Island during the Makar Sankranti period.
2. The plea of the petitioner is that between 8th of January to 16th January, 2022 large congregation of pilgrims from all parts of the country will gather in Gangasagar Island to take a holy dip on the occasion of Makar Sankranti which will be in the form of a Mela, namely, Gangasagar Mela. On this occasion thousands of pilgrims gather to take a holy dip when the sun rises on the day of Makar Sankranti at the confluence of river Ganges and Bay of Bengal and offer prayer in the Kapil Muni Temple. Even sadhus from hill top of Himalayas assemble at the island. To facilitate the movement of pilgrims the State Government erects pandals near Babu Ghat and at other convenient places at Kolkata which become a sort of exhibition grounds. It is disclosed in the petition that on 14th of January, 2018, about 18.2 million people had visited Gangasagar in 2018 as against 1.5 million in 2017. Having regard to the large scale spread of COVID-19 virus especially Omicron variant which is highly contagious, a prayer has been made to restrict the Mela.
3. This Court on 05th January, 2022, having regard to the respective submissions of Counsel for the parties and taking into account the severity of spread of COVID virus in the State, had issued following directions:
"Having regard to the severity of spreading of COVID virus, we expect that the State will seriously consider the plea to ban the Mela this year and take a decision in this regard keeping in view the following factors:
(1) Earlier order of this Court holding that life is more important in every sense in comparison to religious practices, beliefs and faith.
(2) Possibility of spread of virus on account of oral droplets and nasal droplets in the river water and their percolation and transmission through the water when the infected pilgrims will take holy dip.
(3) The aspect of safety of not only the pilgrims but the persons coming in contact with the infected pilgrims and the police personnel deployed in the Mela and frontline health workers deputed in this process.
(4) The State will duly take into account the positivity rate of virus and fact that within the last 24 hours there is 50 per cent increase in number of cases and also the fact that large number of doctors are already infected.
We have been assured by the learned Advocate General that the appropriate decision in this regard will be taken and the affidavit of the competent authority will be placed on record by 2.00 p.m. tomorrow."
4. In pursuance to the above directions report in the form of affidavit dated 06th of January, 2022 has been filed today by the State Government stating that the State is not in favour of banning the Gangasagar Mela at this stage in view of the arrangements which have been already made. It is stated that in the affidavit that about thirty thousand people have already visited the Mela ground and nearly fifty thousand people including sadhus have arrived at different locations and that due to COVID situation the inflow of devotees has come down and only about four to five lakh pilgrims are expected to arrive between 06th to 15th January, 2022. In the affidavit following measures, which the State intends to take, have been disclosed:
(a) It shall be ensured that all persons and pilgrims including sadhus, sanyanis and citizens coming from other states to the Ganga Sagar Mela gound and its immediate precincts mandatorily use face masks, maintain physical distancing and use sanitizers. It is stated that about 30,000 people have already visited the Mela ground and nearly 50,000 people including Sadhus have arrived at different locations. Due to Covid situation the inflow of devotees has come down and it is expected that around 4 to 5 lakh pilgrims will arrive between 6th and 15th of Ja
