Thread by @barandbench

Justice L Nageswara Rao led bench of the Supreme Court hears plea by
Nanded Sikh Gurudwara Sachkhand Shri Hazur Abchalnagar Sahib Board” seeking permission to conduct 'Dusshera, Takht Isnan, Deepmala and Gurta Gaddi’ procession as per the three century-old custom #SupremeCourt

Maharashtra government had stated in SC that allowing the Nanded gurudwara to hold the Dusshera procession as per custom will not be a "practically feasible option” this year, due to #COVID19

State had submitted in affidavit that
as per past experience it is impossible to monitor the strict observance of conditions and restrictions imposed during such religious functions and the only consequence is the spread of the deadly infection, a situation that is irreversible.

SC: Where is the lawyer for petitioner? We are sitting in a special bench on a holiday.

Counsel Praveen chaturvedi: Govt has issued guidelines and state too has no objection to limited gathering. Permission has been granted to jain temple for public attendance

Chaturvedi: For marriage 50 persons are allowed and we are not even asking for public participation.
There will be 50 persons, on a limited route.

Justice Rao: 40 to 50 people in the procession is okay but who will control if there is a procession on the road?

Justice Rao: look at the Puri case the state govt said it will impose a curfew as there is a health risk.

Petitioner body informs top court that procession route has been reduced to 1.5 km.

Chaturvedi: We will hold it in the evening so that only few people are in attendance

Justice Rao: The state is saying there's a health risk and especially with the number of people affected in Nanded. Are you contending that there will only 40 to devotees?

In puri also there was a restriction but many people turned up. Processions are not being allowed now

SC: You can have only 40 to 50 people but what about the people on the road? What if people come and attend the procession.

Chaturvedi: We have already informed people in the community to not come. We are arranging for a telecast on truck on which the Granth Sahib will be kept.

Solicitor-General Tushar Mehta: The Union has issued guidelines.
Center has been unlocking the country, reopening from 30 May.
MHA vide 29 August order issued unlock 4 guidelines- allowed religious/political/social functions from 21 September.

SG Mehta: From 30th September guidelines allowed gatherings of upto 100 persons. Allowed gatherings of more than 100 persons outside containment zones subject to conditions.

SG: When the petitioner says we will not be gathering more than 50 persons, then it would not cross the 200 mark. Petitioner could consider doing the procession early in the Morning so only those who are participating in the religious function will join.

SG: Otherwise other people will be on the road and there will be a risk of infection.

SC: would you agree that 100 persons is the guidelines but states can take decision according to the conditions on the ground?

SG: I have a suggestion. The procession is 1.5 km, they could consider holding it between 7-9 am so that only the persons participating in the ritual are there and passers by are not involved.

SC-- But Maharashtra says so many festivals which involved processions have been banned. They have said when ganesh chaturthi etc were banned, then how can the state allow this other festival and others too will also ask for permission.

Justice Rao: Would you be giving permission for one festival to give way to others?

SG Mehta: this is not a festival celebrated across Maharashtra. It's restricted only to Nanded. And it is restricted to a community with small numbers.

SC: petitioner should tell us how many people attended last year

Chaturvedi: last year was an open function, and almost 7,000 to 8,000 people attended

Counsel for Maharashtra Govt: state is genuinely concerned regarding health. Public health is a state subject. Despite what the center says that functions can go on, public health is something state has to consider.

Maharashtra: It's all very well to say that there will be only 50 people but there own documents say that Dussehra festival is on 22 October and that there will be a heavy congregation of people.

Centre (SG Mehta): I checked the significance of Nanded. Guru Gobind Singh gave up his Guru-ship at Nanded and he was cremated where the Gurudwara is built.

SC: it is a very important shrine. But it's importance adds to the problem

Maharashtra govt: the letter sent by Gurudwara on 28 September said that lakhs of people will come
People from all over the country gather. Emotions are charged.
May not be possible to maintain the SOPs of the govt

Justice Hemant Gupta: but they say they won't have more than 50 people

Maharashtra counsel: Our experience has shown that this kind of 50 to 60 people congregations are not possible. More people turn up

SC: would it be possible for you to impose curfew like in the Jagannath Puri case? Have a curfew for an hour or two and ask people not to come out?

#NandedGurudwaraCase

Justice Gupta: I come from Punjab, and the Gurudwaras there have the practice of Prabhat pheri. Can't they hold the procession at 4 to 5 am?

Maharashtra counsel: Ganpati is the most important festival in Maharashtra. Same request was made that only 4 to 5 people will be alllowed in every pandal. But we did not permit any procession.

Maharashtra counsel: This is especially when the count is now going lower and we are in no position to permit any processions.
Look at the Amarnath case order of the SC. It said clearly that it is for the state government to consider all of this.

Nanded gurudwara case

SC: But the center's guidelines of September 2020 has allowed more relaxation.

Maharashtra cousnel: As far as the state rules are concerned, there is a Sept 30 order that clearly states that congregation are strictly prohibited.

Maharashtra Counsel: Center guidelines are guidelines.
It's for the states to consider situation. Maharashtra has borne the brunt of #COVID19 cases.

Maharashtra Counsel: please look at the list of festivals we did not permit gatherings. Ganpati,Rakshabandhan, Muharram, Ashadh purnima.

Maharashtra Counsel: Consider the danger of allowing gatherings. 40 persons of a family came together in Kalyan to celebrate in one house. One of them was Covid + 38 members of the family became positive after this.

Look at the experience of the state.

Maharashtra Counsel: This is eapecially when the gatherings are avoidable. Law enforcement agencies have expressed that they will not be able to control the crowd in a charged atmosphere like this and thus the State has taken a considered reasonable stand.

Maharashtra Counsel: The parameters of judicial review must be kept in mind. Safeguards to be observed are under the administrative authorities. Assessment of the situation is based on the ground reality. It's within the administrative authority of the state.

Maharashtra: Court's jurisdiction comes in if the decision making is done arbitrary manner. But here the decision-making is based on ground reality.

SC: the huge function in Orissa was allowed during the lockdown.

SC: Why can't your state impose a curfew or barricade and control during the unlock? This is a much smaller gathering.

Maha: it's not about curfew or barricades. Hundreds of people will come from across the country. Crowd control will not be possible.

SC: can't you have the procession at 5 am?

Supreme Court asks Maharashtra govt whether Nanded Gurudwara can be permitted to hold Dussehra festival and Guru Granth Sahib procession at 5 am with limited gathering. Asks petitioner to go to High court

SC: State disaster management authority should take a decision depending on the current Covid scenario

SC directs State authorities to hear the Gurudwara plea by tomorrow. Asks the Gurudwara authorities to approach the Secretary Disaster management department.

Maharashtra govt submits that the gurudwara has also asked permission to hold five processions after 22 October and then in November.

SC: Decision will have to be taken by Maharashtra govt on basis of ground situation

#NandedGurudwaraCase

Order:

SC: Maharashtra govt has argued that even Article 25 gives freedom to profess and propagate religion subject to public order and safety. Public order is a state subject.

SC: State government has concerns regarding public health. Ban has been imposed on all religious functions in congregations. Gudi padwa, akshaya tritiya, Ashadhi ekadashi, Pandharpur, Bakrid, Gukulashtami, Ganesh Chaturthi, Muharram, Navaratri

SC: Ban on public gathering has been imposed in all festivals. Procession Rituals prevalent for 100s of years not permitted. Maharashtra state is worst affected state from Covid. Nanded district also badly affected.

SC: This court asked whether the state govt would be in position to permit the procession with certain conditions imposed and safeguards, the Maharashtra govt responded that it would be difficult to implement any directions, in view of the crowd that might gather.

SG points out the Amarnath yatra order where SC asked state to allow limited entry and not shirk from its duty.

SC: Entry into temples is different from the procession.
Temple entry can be restricted according to set number but in a procession that is not possible

Can Nanded Gurudwara procession be held at 5 am? Supreme Court asks Maharashtra, directs state authority to take a call

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