In a 2 a.m Order, HC Refuses Permission for Rath Yatra in Ahmedabad

In a dramatic and long hearing that went on late till 2 a.m on June 23, the Gujarat High Court decided to maintain its stay on Rath Yatra processions in Ahmedabad or any other part of the State. The court dismissed all the five petitions seeking for ‘symbolic’ Rath Yatra on June 23.

Noticeably, on June 20, the High Court had ordered a stay on annual Lord Jagannath Rath Yatra owing to concerns of COVID-19. A division bench of Justice Vikramnath and Justice Pardiwala had stayed all secular and religious activities related to the Rath Yatra.

The order had come after a public interest litigation or PIL was filed seeking cancellation of the Rath Yatra viewing the rising cases of COVID-19 and death rate of Gujarat being the highest in the country. The petitioner had stated that the Yatra covers about 16 to 18 kilometres, which would pass through three COVID -19 containment zones and one buffer zone.

However, on the evening of June 22, two parties filed their petitions first – Mahant Akhileshwardasji Ramlakhandasji, the representative of Gopal Lalji Ramji Mandir and by Nilay Patel on behalf of one Krutesh Samir Patel, a ‘devout devotee’, both impleading to permit the Rath Yatra with the shortest possible route. Before the court could pass any order, four more petitions were filed, including one by NGO Hindu Yuva Vahini , seeking an urgent hearing on the matter.

On the same day, Gujarat Chief Minister Vijay Rupani, along with his wife and Pradeepsinh Jadeja, MoS (Home) visited the temple premises of Jagannath Mandir at Jamalpur, Ahmedabad for an evening ritual and announced that the State shall move the High Court seeking conditional permission for the Yatra.

The High Court received the petition filed by Gujarat government at 9.35 p.m on June 22. The State of Gujarat, through Advocate General Kamal Trivedi, sought that the procession be allowed along the original route while restricting public participation. The application also sought that the procession would be concluded by 11 a.m and that it would have only five people pulling each of the three chariots.

Thereafter, the bench was constituted for the matter and the hearing began at 12.45 a.m. The court rejected all pleas and concluded at 2 a.m.

“There may not be denial about the order passed by the Supreme Court today, but the situation in Ahmedabad on account of pandemic of COVID-19 cannot be compared with situation in Puri or State of Orissa. Despite the fact that assurance being given by the State and all applicants, we still do not find any good ground to recall or modify our order dated 20.06.2020. All civil applications are accordingly rejected,” held the bench led by Justice Vikramnath.

The Court also sought explanation from the state government on its “inaction” in responding to permission sought by the organisers of Jagannath Mandir trust from Ahmedabad Municipal Corporation and the Office of Police Commissioner on through a letter dated May 18.

Meanwhile, a symbolic Rath Yatra was organised within the premises of Lord Jagannath Temple on June 23 where CM Rupani began the rituals early in the morning.