- (1.) This writ petition in the form of pro bono publico has been filed by the writ petitioner, who claims to be an elected public representative, seeking direction commanding the respondents to open Baba Baidhyanath Jyotirlinga Temple at Deoghar and Baba Basukinath Temple at Basukinath for Public Darshan and further allow the 'Shravani Mela' devotees to offer prayers during Hindi month of 'Shravan and Bhado' with such precautions and at such scale which the respondents may deem fit and proper keeping in view the outbreak of COVID-19 pandemic.
(2.) The reason for filing the public interest litigation, as has been referred in the pleading made in the writ petition, reads as under: The World Health Organization (WHO) declared COVID-19 as pandemic, considering the threat of spread of COVID-19. The Government of India time to time issued orders in exercise of its power under National Disaster Management Act, 2005 (hereinafter referred to as the Act, 2005) in that regard. The Government of India, in terms of the provision of the Act, 2005, came out with an order on 24.03.2020 in exercise of power conferred under Section 6(2)(ii) of the Act, 2005 directing the Ministries/Departments of the Government of India, State/Union Territory to take effective steps to prevent the spread of COVID-19 which included "Lockdown" in the entire country. The Ministry of Home Affairs, in pursuance to the order dated 24.03.2020 has issued necessary guidelines to prevent the spread of COVID-19 making for a period of 21 days w.e.f. 25.03.2020. Conscious decision was taken by the Ministry of Home Affairs, Union of India, directing for closure of all places of worship for public in order to avoid the religious congregation without any exception. Subsequent to the order dated 24.03.2020, again one order was passed on 14.04.2020 under the provision of the Act, 2005 directing the Chairperson, National Executive Committee to continue the existing lockdown measures in all parts of the country up to 03.05.2020, pursuant thereto, Secretary, Ministry of Home Affairs. Government of India in the capacity of Chairperson of the National Executive Committee, ordered to extend the lockdown measures as stipulated in the guidelines dated 24.03.2020 till 03.05.2020. The lockdown was extended time to time and finally it was extended in containment zone up to 30.06.2020 and direction was given for prohibited activity to be reopened in the phased manner in the areas declared as containment zone. The order dated 30.05.2020 also contains guidelines to allow the religious activities w.e.f. 08.06.2020 by following standard operating procedure (SOP) in consultation with the Central Ministries/Departments concerned and other stakeholders for ensuring social distancing and to contain the spread of COVID-19. The Ministry of Health and Family Welfare, Government of India came out with a communication issued on 04.06.2020 containing therein that the religious places/places of worship for public containment zones shall remain closed and only those outside containment zones will be allowed to be opened but the grievance of the petitioner, as has been agitated in the present writ petition is that the Government of Jharkhand has taken a decision contrary to the decision of the Ministry of Home Affairs and decided to keep the religious places closed. The concern of the petitioner is that from 05.07.2020 Shravani Mela at Baidhyanath Temple and Baba Basukinath Temple is to commence but due to the decision of the State of Jharkhand for closure of the religious places there is no likelihood of convening the aforesaid Shravani Mela and therefore, a direction has been sought for from this Court under Article 226 of the Constitution of India considering the intervention of the Hon'ble Apex Court in the matter of Puri Rath Yatra which has been allowed to be performed by an order passed by Hon'ble Apex Court on 18.06.2020 in Writ Petition (Civil) No.571 of 2020.
(3.) The petitioner has pleaded in the writ petition that any condition which the State of Jharkhand deems fit and proper to prohibit the spread of COVTD-19 pandemic may be imposed but Darshan, Pooja and Kanwar Yatra may be permitted with imposed restrictions taking into consideration the importance of deities and the faith and belief of people. It has been contended that "Shravani Pooja" in special form is being done from the time immemorial but due to the restriction imposed by the State of Jharkhand it is at the brink of being discontinued affecting the faith of large section of people not only belonging to the State of Jharkhand but of all the neighbouring States and even the entire country.;