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2020 Supreme(Guj) 968
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIKRAM NATH, J.B. PARDIWALA, JJ.
Hiteshkumar Vittalbhai Chavda - Applicant
Versus
Shri Jagannathji Mandir Trust - Respondent
R/Writ Petition (Pil) No. 90 of 2020 With Civil Application (For Modification of Order) No. 8 of 2020 In R/Writ Petition (Pil) No. 91 of 2020
Decided On : 07-07-2020
For the Applicant :Mr. Aum M. Kotwal, Mr. Anshin Desai, Senior Advocate Assisted by Mr. Nandish Thakkar with Mr. Sanat Pandya.
For the Respondent:Mr. Kamal Trivedi, Advocate General, Ms. Manisha Lavkumar Shah, Government Pleader with Mr. D.M. Devnani, Assistant Government Pleader, Mr. Mitesh Amin, Public Prosecutor.
Point of Law: Religious function - All governments have an obligation to ensure that a serious public health crisis does not also become a human rights crisis because people arc unable to access adequate medical care. Governments need to take steps to ensure everyone has affordable and accessible medical care and treatment options
Headnote:
Constitution of India,1950 - Articles 226 and 25 - Religious function – Permission - Interests of public health and safety of citizens who are devotees to restrain the respondents - Whether the Rath Yatra or any other religious procession should be permitted or not - Interim relief sought is for a direction restraining carrying out of organized by as respondent No.1 in Writ Petition and respondent No.5 in Writ Petition wake of the present pandemic situation of COVID-19 and in particular in relation to city which has huge number of infected cases of more mortality rate being the highest in country and figures having crossed more - It is also submitted Kilometers one way i.e. total of 16 to 18 Kilometers and it passes through three Containment Zones and one Buffer Containment Zone - Desai has further submitted that as per newspaper reports Trust, the organizer of Municipal Corporation and to the Police Commissioner –
Finding of the Court:
International human rights law guarantees everyone the right to highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it - Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening life of nation, restrictions on some rights can be justified when they have a legal basis, arc strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective - Obligation to ensure that a serious public health crisis does not also become a human rights crisis because people arc unable to access adequate medical care. Governments need to take steps to ensure everyone has affordable and accessible medical care and treatment options - Decision as to whether any other religious procession should be permitted or not is a matter which predominantly falls within the domain of the executive wing of the State Government –
Result: Petitions disposed of
JUDGMENT :
1. Since the issues raised in both the captioned writ applications are the same, those were taken up for hearing analogously and are being disposed of by this common judgement and order.
2. For the sake of convenience, the Writ Petition (PIL) No.91 of 2020 is treated as the lead matter.
“No man is above the law and no man is below it;
nor we ask any man's permission when we ask him to obey it.
Obedience to the law is demanded as a right; not asked as a favor.
Theodore Roosevelt”
3. We are tempted to preface our judgement with the above referred quote of “Theodore Roosevelt”, the 26th President of the United States of America, as we expect the State Government to follow the same having regard to the critical times the country is undergoing on account of the COVID-19 pandemic.
4. By this writ application under Article 226 of the Constitution of India filed in public interest, the writ applicant, a resident of Ahmedabad, has prayed for the following reliefs :
“(A) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction to the respondents to file a report before this Hon'ble Court placing on record the Standard Operating Procedure proposed to be adopted for conducting the “Jagannath Rathyatra" which Is to be organized on 23.06.2020, in the Interest of Justice,
(B) This Hon'ble Court may be pleased to direct the respondents to restrain the large number of people from gathering during the procession including the devotees as well as the people carrying out the procession and to ensure that the “social distancing norms” are strictly followed;
(C) This Hon'ble Court be pleased to direct the respondents to ensure that the “Rathyatra”, if carried out, be completed in the shortest duration preferably in 2 hours and covering the minimum distance possible so as to reduce the risk of infection;
(D) This Hon'ble Court be pleased to direct the respondents to restrain from deploying a large number of security personnel including the local police and further be pleased to restrain the devotees and Sadhus travelling from outside the city to participate In the procession, in the interest of the safety of the public at large;
(E) This Hon'ble Court may be pleased to pass such other and further order In the interest of justice that may be deemed fit in the facts and circumstances of the case.”
5. We need not delve much into the facts of this litigation as our order dated 20th June 2020 is quite eloquent and speaks for itself. The common order passed by this Court in the captioned writ applications dated 20th June 2020 reads thus :
“1. We have heard Shri Aum Kotwal, learned counsel appearing for the petitioner in Writ Petition (PIL) No.90 of 2020, Shri Anshin Desai, learned Senior Counsel assisted by Shri Nandish Thakkar and Shri Sanat Pandya, learned counsel for the petitioner in Writ Petition (PIL) No.91 of 2020, Shri Kamal Trivedi, learned Advocate General along with Ms. Manisha Lavkumar Shah, learned Government Pleader, Shri D.M. Devnani, learned Assistant Government Pleader and Shri Mitesh Amin, learned Public Prosecutor for the State respondents. Shri Trivedi states that he has instructions to appear for the Ahmedabad Municipal Corporation also.
2. By means of these two petitions, apart from the main relief sought, the interim relief sought is for a direction restraining the carrying out of the Rath Yatra organized by Shri Jagannath Mandir Trust impleaded as respondent No.1 in Writ Petition (PIL) No.90 of 2020 and respondent No.5 in Writ Petition (PIL) No.91 of 2020 in the wake of the present pandemic situation of COVID-19 and in particular in relation to city of Ahmedabad which has huge number of infected cases of more than 15,000 and the mortality rate being the highest in the country and the figures having crossed more than 1000. It is also submitted that the Rath Yatra has total passage of 8 to 9 Kilometers one way i.e.
