Thread by @barandbench

Govt of Odisha and Centre support holding annual #RathYatra in Puri without public participation.

#SupremeCourt bench headed by J. Arun Mishra agrees to hear modification applications against the June 18 order staying the #rathyatra

Matter to be taken up later today

Single judge bench led by Justice Ravindra Bhat to also hear a batch of intervention applications listed seeking a modification of the June 18 order passed by a 3 judge bench led by CJI SA Bobde.
J. Bhat will not be delving into the modification application due to bench strength

Limited question before J Bhat would be whether the impleadment applications be allowed or not

Solictor General Tushar Mehta appearing for Centre before J. Arun Mishra: A ritual going on for centuries should not be interfered with. The centre has some suggestions with regard to the #RathYatra

Senior Advocate Harish Salve for Govt of Odisha agrees with SG Mehta

SG Mehta suggests that the entire #RathYatra can be telecasted live. "If Lord Jagannath will not come out tomorrow, he cannot come out for 12 years as per traditions. While maintaining the precautions to ensure that pandamic is not spread, Odisha govt can impose curfew for a day"

Chief Justice of India SA Bobde led 3 judge judge bench to begin hearing the #rathyatra matter

CJI Bobde is hearing the case from his residence in Nagpur. Vidyo link has been established there

A batch of intervention applications and modification plea listed before the bench

The matter before single judge bench led by J Ravindra Bhat stands cancelled as of now.

"If Lord Jagannath will not come out tomorrow, he cannot come out for 12 years", Centre bats for holding this year's Puri Rath Yatra without public participation #JagannathPuriRathYatra #RathYatra2020 #SupremeCourt #COVID19

bit.ly/2V5QsHk

The three judge bench set to hear the #RathYatra case comprises of CJI SA Bobde, Justice Dinesh Maheshwari and Justice AS Bopanna. The same bench had passed the June 18 order staying Rath Yatra.

Why is CJI hearing it? #Explained

J. Ravindra Bhat was slated to hear a batch of intervention applications urging court to allow yatra. However, before J. Bhat could hear the case, SG Mehta mentioned the case before J. Arun Mishra led bench requesting modification of CJI order

J Mishra agreed to hear modification plea and stated that it will be heard end of the board. Later, the counsels were informed that the original bench would hear the case and CJI will appear from Nagpur. J Mishra informed lawyers to make modification prayers before CJI led bench

Hence, all the impleadment applications and modification plea will now be heard by CJI led three judge bench. Thus, the matter before J. Bhat was also deleted accordingly.

CJI led bench to shortly assemble. #Videoconferencing links have been established.

Hearing begins.

SG Mehta: Centre has some suggestions.

CJI: We don't have the papers now. Let us keep the mentioning for 2 pm.

SG Mehta: We have the privilege of having a look at your (CJI's) home. It is beautiful

CJI: It is very old

SG Mehta: That adds to the beauty

#courtroomexchange

Senior Advocate Salve requests for a hearing at 2.30 pm instead of 2 pm.

Matter to be heard at 2.30 pm now.

Matter resumes before the CJI led bench.

SG Mehta: we need to take the health of the people into account

CJI: there can be no compromise on that

SG: No one is praying for that

SG: The belief needs to be taken care of so that health is not compromised. The state govt has also stated that rath yatra can be limited to Puri temple alone.

CJI: Why is the Shankarracharya in the scene?

SG: There are only traditions that he can judge and to see what can be done and what cannot be done

CJI: Shankarracharya cannot be brought into picture. The #RathYatra is conducted by the temple administration under state govt

SG: We come into the picture because of our guidelines

CJI: We are considering applications only for Yatra at Puri and not rest of Odisha

Senior Adv Harish Salve: In Puri, we will impose curfew, the yatra will only by the servitors and those participating will have to test

Senior Adv: The chariot will only be held by the ones who test negative. We will not allow public participation

Senior Adv Ranjit Kumar for Odisha Vikas Parishad: Those persons responsible for the yatra be only allowed inside the temple premises. There are around 2500 pandas

CJI: But we will not do any micro management of #RathYatra. We will leave it to the best wisdom of the responsible state government.

CJI: The State Government will act responsibly and contain the spread.

Senior Adv Ranjit Kumar: COVID19 cases have spiked in the state

Salve: if cases rise it will reflect badly on us. We will take care of it.

SG Mehta: Let the central government guidelines be followed. First state government opposed it and now they support the yatra.

CJI: Even Shankarracharya earlier supported our order and now opposes it.

SG: No no that was not the case

SG: State govt seems to be changing stands. But centre says let us have everything associated with yatra according to guidelines and by keeping health of people in mind.

Senior Adv Ranjit Kumar: The rath yatra goes on for 10 to 12 days. If there is any spike, then what?

Senior Adv KV Vishwanathan for a devotee organisation: If its telecasted live we will watch on television. If servitors perform it then Adticle 25 and 26 will be correctly balanced. Rights of religious belief will be taken care of.

Adv PS Narasimha: aspect related to the management of the temple is enshrined in the rules. Under Section 5 the temple vests the power of yatra on a committee headed by the Gajapathi. State govt has to coordinate with the Jagannath temple management committee.

SG: We want to assist in coordination

CJI: Pick up the phone and speak to Harish Salve and coordinate with him after the hearing

(Judges discuss among themselves)

Senior Adv Salve: we will coordinate with the temple committee and the Union too. If we need help, we will reach out to the centre. It can be taken on record.

Order: CJI

By our June 18 we had stayed the respondents from holding rath yatra this year in view of COVID19 and an anticipated gathering of 10 to 12 lakh devotees for 10 to 12 days. Clearly any spread of COVID19 due to this will be disastrous since large numbers are involved...

...and it was not possible to track all the people infected after they have gone back to their respective homes. While we do not have the official copy of the gazettee itself, we are informed in 18th and 19th century a yatra of this kind was responsible to contain...

(Issues with CJI mic audio)

CJI: you want us to add anything else?

Senior Adv Salve: we could not hear the CJI.

CJI: That is okay, after my brother judges go through the order, it will be signed and uploaded

CJI: Writ Petition has been disposed off

Adv Anshuman Ray: in case there is any spike during the going and coming of yatra, please include that immediate steps will be taken

CJI: the state can even stop the yatra or festivities if they feel it is going out of hand

CJI: We have passed the orders. We will finalize the orders and then upload them.

The three judge bench of the Supreme Court headed by CJI SA Bobde allows the annual #RathYatra to be held at Puri's Jagannath temple. The state and centre has been directed to work in tandem.

Detailed restrictions in the order to be uploaded later on website.

[Breaking] Supreme Court does U-turn on stay; leaves it to state government, temple committee to hold Jagannath Puri Rath Yatra

#JagannathYatra #purijagannath #RathYatra

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