SC asks Maharashtra SDMA to decide on Nanded procession

A Supreme Court bench headed by Justice Nageswara Rao today asked the Maharashtra State Disaster Management Authority (SDMA) to take a decision on the Nanded Gurudwara Dussehra procession on the basis of the ground situation.

New Delhi: The Supreme Court on Monday asked the Maharashtra State Disaster Management Authority (SDMA) to decide on the representation by Nanded gurudwara management board seeking to hold Dusshera procession amid COVID-19 pandemic.

A bench headed by Justice L Nageswara Rao, which assembled during the Dusshera vacation of the apex court to hear the matter, said the decision will have to be taken on the basis of ground situation.

The bench, also comprising Justices Hemant Gupta and Ajay Rastogi, asked the gurudwara management to file its representation with the SDMA by Tuesday.

The gurudwara management board can move the Bombay High Court if it is not satisfied with the decision of the SDMA, it said.

The top court was hearing a plea by 'Nanded Sikh Gurudwara Sachkhand Shri Hazur Abchalnagar Sahib Board’ seeking permission to carry out the customary procession on account of the 300-year old event -- ''Dusshera, Takht Isnan, Deepmala and Gurta Gaddi' --with certain conditions.

The plea has said that "Gurudwara Takhat Shri Hazur Abchalnagar is a pious place of world fame for being the last place of tenth Sikh Guru Shri Guru Gobind Singh ji Maharaj, where he granted holy seat of Guru to the Gurugranth Sahiv ji before going to Sachkhand."

The Maharashtra government has told the apex court that allowing Nanded gurudwara to hold Dusshera procession will not be a "practically feasible option" amid COVID-19 and the state has taken a conscious decision of not allowing religious functions to check the spread of virus.

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During the hearing on Monday, the advocate appearing for the petitioner said that the Centre has issued guidelines on the issue and the state too has not raised objection to limited gatherings.

Referring to the guidelines, he said for marriage 50 people are allowed and the gurudwara management board is not asking for "public participation" and there will be only as many people and on a limited route.

"Your contention that the state government is not opposing the procession is wrong," the bench said, adding that 40-50 people in the procession is okay but who will control the crowds if the gathering becomes bigger on the road.

The petitioner's counsel said the management has reduced the procession route to 1.5 km and its timing can be fixed in the evening to ensure a small congregation; moreover, the proceedings would be telecast.

"State is saying there is a health risk," the bench said.

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Senior advocate Devdutt Kamat, who appeared for Maharashtra along with state's standing counsel Sachin Patil, referred to the number of COVID-19 cases and deaths in the state as well as in Nanded area and said that authorities have not allowed any kind of religious gatherings amid the pandemic.

The state government said if this procession will be allowed, then the authorities may have to permit other religious gatherings.

"State is genuinely concerned regarding health. Public health is a state subject. Despite whatever the Centre says that functions can go on, public health is something which state has to consider," Kamat said.

Solicitor General Tushar Mehta, appearing for the Centre, referred to the recent guideline of the Ministry of Home Affairs and said it allows gatherings of up to 100 persons subject to conditions.

"The petitioner could consider doing the procession early in the Morning so only those who are participating in the religious function will join. Otherwise other people will be on the road," he said.

"I want to suggest one thing. 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 passer bye are not involved," Mehta said.

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The bench referred to affidavit filed by Maharashtra and said the authorities have contended that so many festivals, which involved processions, have not been permitted due to the pandemic.

Mehta said this is not a festival celebrated across Maharashtra and is restricted to Nanded.

When the bench asked the petitioner to apprise it about how many people had attended the procession last year, the counsel for the management board said it was an open function in 2019 in which around 7,000-8,000 people had attended.

The state informed the bench that letter sent by Gurudwara on 28 September had said that lakhs of people will come in the function.

"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," the bench asked, adding, can't the procession be carried out at 4-5 am.

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In its affidavit, the Maharashtra government has said that as on October 16, 2020, the total population affected by COVID-19 in the state was 15,76,062 and the total number of deaths registered on account of the virus are 41,502.

The state government has said that in Nanded district the number of persons affected by COVID-19 is 18,167 and the total number of deaths is 478. In Nanded Municipal Area, the number of persons affected by COVID-19 is 8,375 and the total number of deaths is 224.

(PTI Report)