IN THE HIGH COURT OF GUJARAT

AT AHMEDABAD

DISTRICT: AHMEDABAD

CIVIL APPLICATION NO. 4 OF 2020

IN

WRIT PETITION (PIL) NO. 90 OF 2020

State of Gujarat & Ors. ….. Applicants

Versus Hiteshkumar Vittalbhai Chavda & Ors. ….. Opponents

INDEX

Sr. No.

Annx. Particulars Page Nos.

1 - Memo of Civil Application 1-9

2 “A” Copy of the order dated 20.06.2020 passed

by this Hon’ble Court in Writ Petition (PIL)

No. 90 of 2020 and Writ Petition (PIL) No.

91 of 2020.

10-14

3 “B” Copy of the order dated 22.06.2020 passed

by Hon’ble Supreme Court in Writ Petition

(Civil) No. 571 of 2020.

15-22

C/WPPIL/90/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/WRIT PETITION (PIL) NO. 90 of 2020With

R/WRIT PETITION (PIL) NO. 91 of 2020

==========================================================HITESHKUMAR VITTALBHAI CHAVDA

VersusSHRI JAGANNATHJI MANDIR TRUST

==========================================================Appearance:MR. AUM M KOTWAL(7320) for Applicant No. 1 in Writ Petition (PIL) No.90 of 2020MR ANSHIN DESAI, SENIOR ADVOCATE ASSISTED BY MR NANDISH THAKKARWITH MR SANAT PANDYA for the Applicant in Writ Petition (PIL) No.91 of 2020MR KAMAL TRIVEDI, ADVOCATE GENERAL for the Respondent State and Ahmedabad Municipal CorporationMS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER WITH MR DM DEVNANI, ASSISTANT GOVERNMENT PLEADER for the State respondentsMR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent State for the Opponent(s) No. 1,2,4,5,6,7,8,9==========================================================

CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATHandHONOURABLE MR. JUSTICE J.B.PARDIWALA

Date : 20/06/2020

COMMON ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH)

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.

Page 1 of 5

Downloaded on : Mon Jun 22 19:37:12 IST 2020

10

C/WPPIL/90/2020 ORDER

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. total of 16 to 18 Kilometers and it

passes through three Containment Zones and one Buffer

Containment Zone. Once the procession starts, it would be

very difficult to stop the public at large from joining the Rath

Yatra. According to the learned counsels, it is estimated that

about 6,00,000 to 8,00,000 is the regular gathering of this

procession based upon previous years. This would be

disastrous if it happens.

3. Shri Desai has further submitted that as per the newspaper

reports, the Jagannath Mandir Trust, the organizer of the Rath

Yatra had applied on 18.05.2020 to the Ahmedabad Municipal

Corporation and to the Police Commissioner, Ahmedabad for

granting appropriate permission and for making necessary

arrangements so that smooth and safe passage is provided to the

Rath Yatra, but till date no decision has been taken on the said

request of the Trust either accepting or rejecting the same.

4. Shri Desai has further referred to an order passed by the

Supreme Court on 18.06.2020 in Writ Petition (Civil) No.571 of

Page 2 of 5

Downloaded on : Mon Jun 22 19:37:12 IST 2020

11

C/WPPIL/90/2020 ORDER

2020, Odisha Vikash Parishad vs. Union of India and others,

whereby the Supreme Court has directed that there shall be no

Rath Yatra anywhere in the temple town of Odisha or in any

other part of the State this year. It is further directed that there

shall be no activities secular or religious associated with the

Rath Yatra during this period. The above order is reproduced

below :

“Issue notice returnable four weeks.

It is not disputed that the number of people that are likely togather for the annual Rath Yatra scheduled to be held from 23rd

June, 2020, is going to be about 10 to 12 lakhs. The festivitiesnormally continue for a period of 10 to 12 days. Having regardto the danger presented by such a large gathering of people forthe Rath Yatra, we consider it appropriate in the interests ofpublic health and safety of citizens who are devotees torestrain the respondents from holding the Rath Yatra this year.Article 25 of the Constitution of India itself confers the right tofreely profess and propagate religion subject to health.

“25. Freedom of conscience and free profession, practiceand propagation of religion :- (1) Subject to public order,morality and health and to the other provisions of this Part,all persons are equally entitled to freedom of conscienceand the right freely to profess, practise and propagatereligion. (2) Nothing in this article shall affect the operation of anyexisting law or prevent the State from making any law -

(a) regulating or restricting any economic, financial,political or other secular activity which may be associatedwith religious practice;

(b) providing for social welfare and reform or the throwingopen of Hindu religious institutions of a public character toall classes and sections of Hindus.

Explanation I.- The wearing and carrying of kirpans shall bedeemed to be included in the profession of the Sikhreligion.

Explanation II.- In sub-clause (b) of clause (2), thereference to Hindus shall be construed as including a

Page 3 of 5

Downloaded on : Mon Jun 22 19:37:12 IST 2020

12

C/WPPIL/90/2020 ORDER

reference to persons professing the Sikh, Jaina or Buddhistreligion, and the reference to Hindu religious institutionsshall be construed accordingly.

We accordingly direct that there shall be no Rath Yatraanywhere in the temple town of Odisha or in any other part ofthe State this year.

We further direct that there shall be no activities secular orreligious associated with the Rath Yatra during this period.

Order accordingly.“

5. Normally this matter would have come up on Monday i.e.

22.06.2020 as per the Board published but upon an urgent

note being placed by the learned counsel for the petitioners,

the matter has been taken up today at 7:15 p.m. considering

the urgency of the matter. According to the learned counsel, in

case appropriate orders are not passed today, it would be

difficult to control the situation as thousands of people gather

from other States to participate in this Rath Yatra. It is also the

case of the petitioners that enormous amount is spent in

organizing the Rath Yatra and in which thousands of people get

involved for the preparation.

6. Shri Kamal Trivedi, learned Advocate General upon

instructions stated that it is true that on the application dated

18.05.2020, no decision has been taken either by the

Ahmedabad Municipal Corporation or by the Police

Commissioner, Ahmedabad. We are astonished on this inaction

of the Municipal Commissioner, Ahmedabad Municipal

Corporation as also the Police Commissioner, Ahmedabad, as

to why no decision was taken and communicated to the

organizer well within time, rather than keeping the matter

pending till the last date when the Rath Yatra is to be carried

Page 4 of 5

Downloaded on : Mon Jun 22 19:37:12 IST 2020

13

C/WPPIL/90/2020 ORDER

out on 23.06.2020 i.e. just two days away. Maintenance of law

and order in the State is in the domain of the Department of

Home.

7. We accordingly require the Commissioner, Ahmedabad

Municipal Corporation, the Police Commissioner, Ahmedabad

as also the Additional Chief Secretary, Department of Home,

Government of Gujarat, to file their respective affidavits

explaining the reasons and circumstances why the application

was not disposed of well within time and keeping the matter

looming at large till the end and then compelling the parties to

rush to the Court for urgent circulation.

8. The unserved respondents be issued Notice fixing

06.07.2020. All the parties may file their response before the

next date fixed in addition to the affidavits required above.

9. In view of the facts and circumstances recorded above as

also the order of the Supreme Court, we direct that there shall

be no Rath Yatra carried out for this year at Ahmedabad and at

any other district in the State of Gujarat. We have extended

the relief claimed so that no emergent situation arise in the

State of Gujarat. We further direct that there shall be no

activities secular or religious associated with the Rath Yatra

during this period.

10. Let this matter be listed on 06.07.2020.

(VIKRAM NATH, CJ)

(J. B. PARDIWALA, J) A. B. VAGHELA

Page 5 of 5

Downloaded on : Mon Jun 22 19:37:12 IST 2020

14

1

ITEM NO.1 Virtual Court 4 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s).571/2020

ODISHA VIKASH PARISHAD Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(FOR IA No. 55527/2020 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT AND IA No. 56796/2020 – CLARIFICATION/DIRECTION IA No. 56804/2020 - CLARIFICATION/DIRECTIONIA No. 56802/2020 - EARLY HEARING APPLICATIONIA No. 56816/2020 - EARLY HEARING APPLICATIONIA No. 55596/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56737/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56786/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56660/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56801/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56784/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56792/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56399/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56807/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 54912/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56588/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56695/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56782/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56790/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56815/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 55759/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56797/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56580/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56788/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56665/2020 - EXEMPTION FROM FILING AFFIDAVITIA No. 56800/2020 - EXEMPTION FROM FILING O.T.IA No. 56781/2020 - EXEMPTION FROM FILING O.T.IA No. 56814/2020 - EXEMPTION FROM FILING O.T.IA No. 56811/2020 - INTERVENTION APPLICATIONIA No. 56574/2020 - INTERVENTION APPLICATIONIA No. 56735/2020 - INTERVENTION APPLICATIONIA No. 56785/2020 - INTERVENTION APPLICATIONIA No. 56793/2020 - INTERVENTION APPLICATIONIA No. 55525/2020 - INTERVENTION APPLICATIONIA No. 56655/2020 - INTERVENTION APPLICATIONIA No. 56783/2020 - INTERVENTION APPLICATIONIA No. 56791/2020 - INTERVENTION APPLICATIONIA No. 56798/2020 - INTERVENTION APPLICATIONIA No. 54910/2020 - INTERVENTION APPLICATION

Digitally signed byGEETA AHUJADate: 2020.06.2219:47:35 ISTReason:

Signature Not Verified

15

2

IA No. 56805/2020 - INTERVENTION APPLICATIONIA No. 55757/2020 - INTERVENTION APPLICATIONIA No. 56692/2020 - INTERVENTION APPLICATIONIA No. 55745/2020 - INTERVENTION APPLICATIONIA No. 56578/2020 - INTERVENTION APPLICATIONIA No. 56779/2020 - INTERVENTION APPLICATIONIA No. 56787/2020 - INTERVENTION APPLICATIONIA No. 56795/2020 - INTERVENTION APPLICATIONIA No. 56794/2020 - INTERVENTION/IMPLEADMENTIA No. 55595/2020 - INTERVENTION/IMPLEADMENTIA No. 56808/2020 - INTERVENTION/IMPLEADMENTIA No. 56730/2020 - INTERVENTION/IMPLEADMENTIA No. 56789/2020 - INTERVENTION/IMPLEADMENTIA No. 56803/2020 - INTERVENTION/IMPLEADMENTIA No. 56812/2020 - INTERVENTION/IMPLEADMENTIA No. 56576/2020 - MODIFICATIONIA No. 56799/2020 - MODIFICATIONIA No. 56397/2020 - MODIFICATIONIA No. 56806/2020 - MODIFICATIONIA No. 56813/2020 - MODIFICATIONIA No. 56664/2020 - MODIFICATION OF COURT ORDERIA No. 56468/2020 - MODIFICATION OF COURT ORDERIA No. 56658/2020 - MODIFICATION OF COURT ORDERIA No. 56583/2020 - MODIFICATION OF COURT ORDERIA No. 56694/2020 - MODIFICATION OF COURT ORDERIA No. 56780/2020 - MODIFICATION OF COURT ORDERIA No. 56810/2020 - RECALLING THE COURTS ORDERIA No. 56731/2020 - RECALLING THE COURTS ORDER) Date : 22-06-2020 These matters were called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.S. BOPANNA

(VACATION BENCH)

COUNSEL FOR THE PARTIES

Mr. Harish Salve, Sr. Adv. Mr. Ashok Parija, Ld. AG (For Odisha) Mr. Shibashish Misra, Adv. Mr. Mahesh Agarwal, Adv.

Mr. Tushar Mehta, Ld. SGMr. Kanu Agarwal, Adv. Mr. B.V. Balaram Das, AOR

Mr. Ranjit Kumar, Sr. Adv. Ms. Ranjeeta Rohatgi, AORMs. Samten Doma, Adv.

Mr. Mohan Parasaran, Sr. Adv.

16

3

Mr. K.V. Viswanathan, Sr. Adv. Mr. Vimlesh Kumar Sukla, Sr. Adv. Mr. Chetan Sharma, Sr. Adv. Mr. P.K. Mohanty, Sr. Adv. Mr. Hitendra Nath Rath, AORMr. Vijay Ku. Ragada, Adv. Mr. Bibhuti Bhusan Choudhary, Adv. Mr. Silabhadra Sastry, Adv. Mr. J.P. Parida, Adv. Mr. Vishnu Mohan, Adv. Mr. Manan Sanghai, Adv. Mr. Ankur Kashyap, Adv. Mr. Deves Tripathy, Adv. Mr. Dhurtiman Joshi, Adv. Mr. Arvind Aswani, Adv. Mr. Bhusan Ojha, Adv. Mr. Debasis Sathpathy, Adv. Mr. Prabhakar Meher, Adv. Mr. S.K. Rout, Adv. Mr. Prahalad Bhat, Adv.

Mr. Tejaswi Kumar Pradhan, AOR

Mr. Mahesh Jethmalani, Sr. Adv. Mr. Sarthak Nayak, Adv. Mr. Sri Satya Mohanty, Adv.Dr. Surender Singh Hooda, AOR

Mr. P.S. Narsimha, Sr. Adv. Ms. Aishwarya Bhati, Sr. Adv. Mr. Nachiketa Joshi, Adv. Mr. Merusagar Samantray, Adv. Ms. Priyanka Das, Adv. Mr. Ardhendhu Mauli Prasad, Adv. Ms. Archana Pathak Dave, Adv. Mr. Tirtha Sahu, Adv.

Mr. P. V. Yogeswaran, AOR

Mr. C.S. Vaidyanathan, Sr. Adv. Mr. Bhakti Vardhan Singh, AORMr. Joydeep Roy, Adv. Mr. Nachiketa Joshi, Adv. Mr. Tirth Kumar Sahu, Adv. Mr. Santosh Kumar, Adv. Mr. Saumya Ranjan, Adv.

Mr. Arijit Prasad, Sr. Adv. Mr. Anjuman Tripathy, Adv. Mr. Arya Tripathy, Adv. Mr. Vikas Dahiya, Adv. Mr. Vishwa Raj Singh, Adv. Mr. Sahil Tagotra, AOR

17

4

Mr. Sanjay Kumar Das, Adv. Mr. Swetaketu Mishra, Adv. Mr. V.K. Monga, AOR

Mr. Maninder Singh, Sr. Adv. Ms. Priyashree, Adv. Mr. Kush Chaturvedi, AOR

Mr. Manan Sanghai, Adv. Mr. Advait Shukla, Adv. Mr. Arvind Aswani, Adv. Mr. Ankur Kashyap, Adv. Mr. Pranaya Kumar Mohapatra, AOR

Mr. Arijit Prasad, Sr. Adv.Mr. Anjuman Tripathy, Adv.Mr. Arya Tripathy, Adv.Mr. Sahil Tagotra, AOR

Ms. Akriti Chaubey, AORMr. Anshuman Ray, Adv. Mr. Digant Deo, Adv.

Mr. Kedar Nath Tripathy, AORMr. Jitendra Mohapatra, Adv.

Mr. P.N. Misra, Sr. Adv. Mr. Manan Sanghai, Adv.

Mr. E. C. Vidya Sagar, AOR

Mr. Subhash Jha, Adv. Mr. Ghanshyam Upadhyay, Adv. Mr. Umesh Dubey, Adv.

Mr. Manoj K. Mishra, AOR

Mr. Ashok Panigrahi, AORMr. Anmol Tayal, Adv.

Mr. Biswajit Das, Adv. Mr. Abhigya, AORMs. Anamika Sharma, Adv. Ms. Sunita Yadav, Adv. Ms. Anamika Kushwaha, Adv. Ms. Nandita Rao, Adv.

Mr. P.S. Narasimha, Sr. Adv. Mr. J. Sai Deepak, Adv. Mr. Suvidutt M.S., AOR

Mr. Anu B., Adv. Mr. Vibhor Ahlawat, Adv.

18

5

Mr. Yogesh Kumar, Adv. Mr. Abhijeet Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R

These are applications made by several parties for

intervention and modification of Order dated 18th June, 2020

passed by this Court. By that Order we had restrained the

respondents from holding the Rath Yatra this year in view of

the danger presented by gathering of 10 to 12 lakhs devotees

for a period of 10-12 days. Clearly, any spread ofthe

Coronavirus due to the Rath Yatra would be disastrous due to

the large number of persons and the impossibility of tracking

all the infected people after they have gone back to their

respective homes. Needless to say that it is not possible to

screen the medical conditions of all those who converge on the

cities for the Rath Yatra.

While we do not have the official copy of the gazette

itself, we are informed that in the 18th-19th century a yatra of

this kind was responsible for the spread of cholera and plague

“like wild fire”. We say this in order to remind the

authorities concerned that the situation can become dangerous

if the rules of caution are ignored.

Before we passed our earlier Order we had suggested to

the parties that the procession of chariots, i.e., the Rath

Yatra itself, could be allowed to proceed, however, without the

general congregation which participates in this Yatra. We were

informed that it would be well nigh impossible to ensure that

19

6

there is no congregation. This Court was, therefore, left with

no option but to grant an injunction restraining the Rath Yatra

itself.

However, we find, in one of the present applications, an

affidavit filed on behalf of the State of Orissa statingthat it

might be possible to conduct the Rath Yatra at Puri “in a

limited way without public attendance”. This has been proposed

by Gajapati Maharaj of Puri, who is the Chairman of the Puri

Jagannath Temple Administration. Indeed, if it is possible to

ensure that there is no public attendance, we see no reason why

the Rath Yatra cannot be conducted safely along its usual route

from temple to temple.

Having given serious consideration to the matter and

having heard the parties, we are of the view that the Rath

Yatra at Puri may be held subject to following conditions:

(1) All entry points into the City of Puri, i.e.,

airports, railway stations, bus stands, etc.,

shall be closed during the period of Rath Yatra

festival.

(2) The State Government shall impose a curfew in the

City of Puri on all the days and during all the

time when Rath Yatra chariots are taken in

procession. The State Government may also impose

curfew in the city of Puri on such other days and

during such time as deemed necessary. During the

period of curfew no one would be allowed to come

out of their houses or their places of residence,

such as, hotels, lodging houses, etc. To start

with, the curfew shall begin tonight at 8 P.M.

20

7

(3) Each Rath, i.e.., Chariot, shall be pulled by not

more than 500 persons. Each of those 500 persons

shall be tested for the Coronavirus. They shall

be permitted to pull the chariot only if they have

been found negative. The number 500 shall

include officials and police personnel.

(4) There shall be an interval of one hour between two

chariots.

(5) Each of those who is engaged in pulling the

chariot shall maintain social distancing before,

during and after the Rath Yatra.

(6) We are informed that certain rituals are

associated with the Rath Yatra. We direct that

only such persons shall be associated with the

rituals who have been found to have tested

negative and shall maintain social distancing.

(7) The primary responsibility for conducting the Rath

Yatra in accordance with the conditions and other

norms shall be that of the Committee in-charge of

Puri Jagannath Temple Administration. Each member

of the Committee shall be responsible for due

compliance with the conditions imposed by this

Court and the general directions which govern

ensuring of public health issued by the Union

Government. In addition, the officers designated

by the State Government for conduct of the Rath

Yatra shall be responsible likewise.

(8) The rituals and the Rath Yatra shall be freely

covered by the visual media. The State Government

shall allow TV cameras to be installed at such

places as may be found necessary by the TV crew.

(9) The bare minimum number of people shall be allowed

21

8

by the Committee to participate in the rituals and

in the Rath Yatra. We take a note of the fact

that the State of Orissa has a good record of

having controlled the pandemic with a very little

loss of life. We see no reason why the same

attitude of care and caution should not be applied

to the Rath Yatra.

(10) The State Government may take such help as may be

found necessary from the Union Government. Shri

Tushar Mehta, learned Solicitor General, has

assured the Court that the Union Government shall

offer all assistance and help to the State

Government in this endeavour.

(11) The State Government shall maintain a record

containing details of all those who have been

allowed to participate in the Rath Yatra or the

rituals connected therewith along with details of

their medical conditions after testing.

All the applications for intervention and modification of

Order dated 18th June, 2020 passed by this Court are disposed

of.

(SANJAY KUMAR-II) (BEENA JOLLY)ASTT. REGISTRAR-cum-PS BRANCH OFFICER

22