The restrictions imposed by the Ministry of Home Affairs do not violate any fundamental or legal right of the petitioner or the similarly situated persons. The endeavour of the Ministry of Home Affairs is to break the cycle by maintaining social distancing. We will not substitute our wisdom for the wisdom of the Executive decision, which has been taken in the larger public interest.

JUDGMENT

Rajiv Sharma, J. - The case has been taken up for hearing through video conferencing.

2. This Public Interest Litigation is instituted by the petitioner, who is Advocate by profession and the President of Muslim Federation of Punjab, Malerkotla.

3. According to the averments made in the petition, the respondents have imposed curfew/lock-down to avoid the spread of Corona virus. The petitioner has placed on record various notifications issued by the Union of India from time to time. The restrictions imposed by the Ministry of Home Affairs vide order dated 24.03.2020 were relaxed from time to time. No relaxation has been provided qua religious places. It is also averred that Ramadan is the most sacred month of the year in Islamic culture. Muslims observe the month of Ramadan, to mark that Allah or God gave the first chapter of the Quran to the Prophet Muhammad in 610. According to the petitioner, Mosque/Idgah is the best place to offer prayer during Ramadan and the period can be restricted to one hour for offering Jamaat/Namaz of Eid-Ul-Fitr and Dua. The petitioner has also made a prayer to respondent No.1 on 19.05.2020, but no response has been received by him. There is reference to martyrdom day of Guru Arjan Dev Ji on 26.05.2020. It is further averred that the places of worship i.e. Mosques/Idgahs, Gurudwaras and Temples, can also be opened since the shops and markets have been permitted to open by maintaining social distancing. The petitioner has prayed that all the religious places be ordered to be opened.

4. Learned counsel appearing on behalf of the petitioner has vehemently argued that the restrictions imposed by the Union of India qua religious places of worship are unconstitutional. He submits that the respondents be directed to open the religious places of worship. He also argued that the fundamental rights of the petitioner have been violated and the imposed restrictions are excessive and unreasonable.

5. Learned counsel appearing on behalf of the respondents have vehemently opposed the writ petition. According to them, there is no violation of fundamental rights of the petitioner and the restrictions have been imposed in larger public interest.

6. We have heard learned counsel for the parties at length.

7. The Parliament has enacted the Disaster Management Act, 2005 (hereinafter referred to as 'the Act' for sake of brevity) for the effective management of disasters and for matters connected therewith or incidental thereto. Section 2 of the Act is a dictionary clause. Section 2 (a) defines 'affected area'. Section 2 (d) defines 'disaster' as under :-

"(d) "disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area." Section 2 (e) defines 'disaster management' as under :-

"(e) "disaster management" means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for-

(i) prevention of danger or threat of any disaster;

(ii) mitigation or reduction of risk of any disaster or its severity or consequences;

(iii) capacity-building;

(iv) preparedness to deal with any disaster;

(v) prompt response to any threatening disaster situation or disaster;

(vi) assessing the severity or magnitude of effects of any disaster;

(vii) evacuation, rescue and relief;

(viii) rehabilitation and reconstruction."

Section 3 provides for establishment of an authority to be known as 'National Disaster Management Authority'. Section 6 deals with the powers and functions of National Authority. Section 8 provides for constitution of National Executive Committee. The powers and functions of National Executive Committee are