NE LEGAL BUREAU
AHMEDABAD, JULY 7
The state government on Tuesday told Gujarat High Court it was not possible to allow the Jagannath Mandir Trust to conduct the Rath Yatra in its traditional format on June 23 considering the gravity of the prevailing coronavirus situation in Ahmedabad, but the delay in taking a decision was due to its effort to arrive at a consensus on the matter.
Additional Chief Secretary (Home), Sangeeta Singh said in an affidavit that police and civil administration made all efforts “to arrive at a consensus (with the management of the Jagannath Temple Trust in Ahmedabad) without hurting religious sentiment of the people or compromising on public health in view of the COVID-19 pandemic”, leading to delay in making a decision.
The HC had in an order on a PIL on June 20 stayed the Rath Yatra in Ahmedabad, scheduled for June 23.
Later, the state filed a plea to modify the order, which the court refused.
The HC directed the additional chief secretary, police commissioner, and municipal commissioner of Ahmedabad to file a reply explaining the delay in taking a decision on the Trust’s May 18 application seeking permission for the yatra.
“The delay in taking decision regarding Rath Yatra may not be seen as inaction, more particularly, in the context of special efforts made at several levels to arrive at an amicable decision in the larger public interest,” Singh told the division bench of Chief Justice Vikram Nath and Justice JB Pardiwala.
In his reply, Ahmedabad Police Commissioner Ashish Bhatia said he sought the opinion of the police officers of the areas from where the rath yatra would pass after receiving the application from the Temple Trust on May 18.
Bhatia told the court all officers were of the opinion that the yatra should not be allowed due to the prevailing COVID-19 situation.
Bhatia said he told the DGP it was not possible to allow the procession even at the reduced strength as sought by the Trust because it will be impossible to maintain the settled protocol of social distancing etc, considering that a large number of people would join it.
On June 21, he said, he conveyed to the Trust about permission being denied for the yatra.
In his reply, Ahmedabad Municipal Commissioner Mukesh Kumar said the AMC did not receive the Trust’s application.