SHASHI KANT GUPTA, J. - (1.) Since the controversy raised in all the aforesaid Writ Petitions is identical, they are being decided by a common order, treating Public Interest Litigation (PIL) No. 840 of 2020 (Roshan Khan and others Versus State of UP and others) as the leading case.
(2.) In sum and substance, the Petitioners seek to challenge the Government Orders dated 10.08.2020 and 23.08.2020 passed by the State Government, in so far as they prohibit the petitioners and members of their community, from taking out the Moharram Processions, and further seek the issuance of a direction to the Respondent Authorities to permit them to perform religious mourning rituals / practice connected with Moharram, during the period of ten days ie up to 30.08.2020, amid the pandemic restrictions in the State of Uttar Pradesh.
(3.) The main thrust of the argument of the learned counsel for the petitioners is that Government Orders issued by State of Uttar Pradesh dated 10.08.2020 and 23.08.2020 are discriminatory in nature, insofar as they provide for a complete ban in taking out the Moharram processions. It has been further submitted that such guidelines are discriminatory, targeting only one community in particular. In support of his contention, he has referred to the Guidelines dated 29.07.2020, issued by the Government of India, Ministry of Home Affairs as well as Government Orders issued by the State Government dated 10.08.2020 as well as 23.08.2020. Relevant portions of Government Orders dated 10.08.2020 and 23.08.2020 are quoted herein below: Guidelines For Phased Re-opening (Unlock 3) [As per Ministry of Home Affairs (MHA) Order no. 40-3 / 2020-DM-1 (A) dated 29th July 2020] 1. Activities Permitted during Unlock 3 period outside the Containment Zones. In Areas outside the Containment Zones, All activities will be permitted, except the following: i. ... ... v. Social / political / sports / entertainment / academic cultural / religious functions and other large congregations. ... ... ... ... ... 5. States / UTs based on their assessment of the situations may prohibit certain activities outside the containment zones or impose such restrictions as deemed necessary. ... ... ... Government Order dated 10.08.2020 to the entire District Magistrate, Senior Superintendent of Police / Superintendent of Police, U.P. Copy to All Zonal Additional Director General of Police, U.P. Additional Director General of Police (ATS) U.P. All divisional commissioners / Inspector General of Police / Deputy Inspector General of Police (Zone) U.P. Additional Director General of Police, Law and Order / Notification / Security / Railways, U.P. Commissioner of Police, Lucknow / Gautam Budh Nagar. All DRM, Railways, U.P. Managing Director, Uttar Pradesh State Road Transport Corporation, Lucknow. Director General of Police, Uttar Pradesh, Lucknow. For information: Additional Chief Secretary, Hon'ble Chief Minister, Uttar Pradesh Government. Staff Officer, Chief Secretary, U.P. From: Home Department, Uttar Pradesh, Lucknow. Number: 687K / VI- Sanipra-20-7 (3) / 2005 Lucknow: Dates of August 10, 2020, August 2020, Janmashtami, Ganesh Chaturthi and Mohammed which will be held on different dates, Ministry of Home Affairs, India Follow the guidelines of Kovid-19 of the government and celebrate it with simplicity. On these festivals, no procession, tableau should be taken out and in any case no crowd should be gathered. In the present circumstances, there is a need to be vigilant against possible threats in view of the security situation. There is a need to keep a watchful eye on all religious places especially Shri Krishna Janmabhoomi in Mathura, Shri Ram Janmabhoomi, Ayodhya on anti-social elements / terrorists and people who are instability in society. During this period, anti-social elements can try to disturb the law and order and terrorists can harm civilians. Therefore, there is a need to be vigilant on the above occasions. The following instructions are being given for caution in the described situations: - 1. Instructions have been issued by the state government from time to time for prevention of Kovid-19 epidemic, to ensure strict compliance. 2. No one should be allowed to procession / tableau on the occasion of Janmashtami in Kovid-19. 3. On the occasion of Ganesh Chaturthi, no idol should be installed in any puja-pandal nor any shobha-yatra should be allowed. All devotees should be motivated to celebrate the said festival in their own homes. 4. Similarly, no procession / tazia should be allowed on the occasion of Moharram and follow the guidelines of Kovid-19 by communicating with the religious leaders. 5. By holding a meeting of the Peace Committee for all such programs, cooperation should be sought from all social and religious leaders in maintaining order. 6. Deploy adequate police force in sensitive / communal and content zones. 7. Ensure that no crowds of people gather at any religious place. 8. Necessary arrangements / checking should be done at public places such as bus station, railway station and sensitive place / religious place on festivals. -------------------------------------------------- -------------------- Government Order dated 23.08.2020 Managing Director, Uttar Pradesh State Road Transport Corporation, Lucknow. Director General of Police, Uttar Pradesh, Lucknow. Additional Chief Secretary, Hon'ble Chief Minister, Government of Uttar Pradesh, Lucknow. Staff Officer, Chief Secretary, Government of Uttar Pradesh, Lucknow. From: Home Department Government of Uttar Pradesh, Lucknow. Number-777K / Six-Sanipar-2020 Lucknow: Date-August 23, 2020 Please order the government to celebrate the festivals falling in the month of August, 2020 with the simplicity of following the guidelines of Kovid-19, Ministry of Home Affairs, Government of India. No-678K / Six-Sanip20-7 (j) / 2005, the trouble of taking reference to the date August 10, 2020, so that no procession, tableau, and crowd in any condition do not gather on the festivals falling in the month of August. Detailed guidelines regarding being. 2 In view of the above circumstances, the security arrangements of all the religious places of the state, especially Shri Krishna Janma Bhoomi Mathura, Shri Ram Janma Bhoomi Teerth Area, Ayodhya, Shri Kashi Vishwanath Temple, Varanasi and historical site Taj Mahal Agra and Kovid-19 epidemic. In relation to the instructions issued by the Government of India, New Delhi and Uttar Pradesh, from time to time, there is a need to keep a vigilant eye on anti-social elements / terrorists and instigators in society. 3 In view of the above, following instructions are being given by the anti-social elements in the next period to try to break the law and order and communal harmony and reduce the possibility of terrorizing the civilians by the terrorists and the impact of the Kovid-19 epidemic. Is: There will be no public celebrations, religious festivals and political movements and meetings till 30 September 2020. Statues, tazias and public will not be installed separately. All kinds of processions and tableaux will be prohibited, that is, processions and tableaux cannot be removed. There will be no restriction on the installation of idols, Tajiya and separate in their respective homes. In view of the Kovid-19 epidemic, the Uttar Pradesh government should ensure strict compliance of the guidelines issued from time to time. ;