COURT ON ITS OWN MOTION Vs. UNION OF INDIA (UOI) AND ORS.
LAWS(SC)-2012-7-102
SUPREME COURT OF INDIA
Decided on July 13,2012

COURT ON ITS OWN MOTION Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

- (1.) Today's 'The Times of India' and 'Hindustan Times' reports 67 deaths of pilgrims mostly because of the cardiac arrests as well for other reasons. As per these reports, this has happened in 17 days. Last year 105 persons died during the 45 days' yatra. Thus, this year it appears to be on the rise. In our considered view, the pilgrims have a constitutional right under Articles 21 and 19(1)(d) to move freely throughout the territory of India, free of fear, with dignity and safety and to ensure enforcement of such right is the primary obligation of the State and the Central Governments.
(2.) Where it is a matter of common knowledge that the yatra to the 'Holy Cave of Amarnath' is an occasion of privilege and pride for a devotee, there it is also a matter of great concern for the Government of India, the Government of the State of Jammu & Kashmir and the Amarnath Shrine Board, Some of the events that have been widely reported in the newspapers compel us to take a judicial notice of the lack of necessary facilities, essential amenities and the risk to the lives of the yatris, en route and around the "Holy Cave of Amarnath",
(3.) On 3rd July, 2012, it was reported in the Hindustan Times, Delhi Edition, that two more pilgrims died of cardiac arrest on Sunday, taking the toll to 22. Both the pilgrims were stated to be in their mid-thirties.;


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