The Supreme Court on Tuesday dismissed a batch of petitions filed by various persons and organisations challenging a decision of Odisha government to disallow Ratha Yatra festival in temples across Odisha with the exception of Puri Jagannath Ratha Yatra in view of COVID-19 situation.
A Bench headed by Chief Justice of India (CJI) NV Ramana said that while it feels bad about the government order, it is a policy decision by the State and Court cannot interfere as it lacks expertise on such issues
"You and I are not the people who can predict the Covid-19 situation. Don't poke your knowledge into this matter. Let the government decide," the CJI said.
The CJI also expressed hope that the Ratha Yatra happens next year.
"I also feel bad but we cannot do anything. We hope and trust god will allow next Ratha Yatra at least," the CJI remarked.
The plea was a batch of appeals against a Orissa High Court order of June 23, 2021, declining to interfere with the State's decision.
One such appeal filed through advocate Vishnu Shankar Jain, challenged an order issued by the Office of Special Relief Commissioner (SRC), Government of Odisha mandating that the Ratha Yatra would be conducted in the same manner as last year i.e., only in the Badadanda of Lord Jagannath Bije, Puri and nowhere else in the State.
The petitioners, who are devotees and sevayats of deities in various locations, argued that since the surge of COVID-19 in their respective locations was far less than that at Puri, the conduct of Rath Yatra should be allowed in such areas outside Puri.
The appellant, Biswo Go Surakhya Bahinee, stated that State government has allowed several business activities to run and even allow wine shops but has taken a different view "mis-utilizing the powers conferred by Section 24(1) of Disaster Management Act,2005 r/w Rule 8(1) of the Odisha Disaster Management Rules,2010 so far as the observance of traditional rituals of taking out Shree Jagannath Yatra."
The petitioners prayed that the Yatra of the temple of Shree Baldev Jew at Kendrapada can be performed in the same manner with the same restrictions as provided by the High Court for Puri Ratha Yatra.
"The temple of Lord Baldev Jew Kendrapada is an ancestral temple in the State of Odisha having more importance after the temple of Lord Jagannath Bije Puri and due to this Kendrapada is called as Tulasi kshetra," the petition said.
The appeal stated that the High Court failed to appreciate that total ban of Rath Yatra will be against the right to religion of the citizens guaranteed under Article 25 of the Constitution of India.
"The High Court has not given any reason for not applying the order passed by the Hon’ble Court in 2020, under which the rituals can be performed observing the conditions laid down by the Supreme Court," it was submitted.
The Orissa High Court had rejected the plea considering the COVID-19 pandemic situation.
“These are extraordinary times in which not just Odisha but the entire country is barely recovering from the second wave of the deadly Covid pandemic. The measures and precautions taken by the State of Odisha have to be viewed in the said context. Consequently, this Court is not inclined to entertain any of the prayers in any of the above writ petitions, praying for permission to hold their respective Rath yatras/festivals on parity with the temple of Lord Jagannath at Puri," the High Court had said.