HITESHKUMAR VITTALBHAI CHAVDA Vs. JAGANNATHJI MANDIR TRUST

JUDGEMENT

(1.) We have heard Shri Aum Kotwal, learned counsel appearing for the petitioner in Writ Petition (PIL) No.90 of 2020, Shri Anshin Desai, learned Senior Counsel assisted by Shri Nandish Thakkar and Shri Sanat Pandya, learned counsel for the petitioner in Writ Petition (PIL) No.91 of 2020, Shri Kamal Trivedi, learned Advocate General along with Ms.Manisha Lavkumar Shah, learned Government Pleader, Shri D.M.Devnani, learned Assistant Government Pleader and Shri Mitesh Amin, learned Public Prosecutor for the State respondents. Shri Trivedi states that he has instructions to appear for the Ahmedabad Municipal Corporation also.

(2.) By means of these two petitions, apart from the main relief sought, the interim relief sought is for a direction restraining the carrying out of the Rath Yatra organized by Shri Jagannath Mandir Trust impleaded as respondent No.1 in Writ Petition (PIL) No.90 of 2020 and respondent No.5 in Writ Petition (PIL) No.91 of 2020 in the wake of the present pandemic situation of COVID-19 and in particular in relation to city of Ahmedabad which has huge number of infected cases of more than 15,000 and the mortality rate being the highest in the country and the figures having crossed more than 1000. It is also submitted that the Rath Yatra has total passage of 8 to 9 Kilometers one way i.e. total of 16 to 18 Kilometers and it passes through three Containment Zones and one Buffer Containment Zone. Once the procession starts, it would be very difficult to stop the public at large from joining the Rath Yatra. According to the learned counsels, it is estimated that about 6,00,000 to 8,00,000 is the regular gathering of this procession based upon previous years. This would be disastrous if it happens.

(3.) Shri Desai has further submitted that as per the newspaper reports, the Jagannath Mandir Trust, the organizer of the Rath Yatra had applied on 18.05.2020 to the Ahmedabad Municipal Corporation and to the Police Commissioner, Ahmedabad for granting appropriate permission and for making necessary arrangements so that smooth and safe passage is provided to the Rath Yatra, but till date no decision has been taken on the said request of the Trust either accepting or rejecting the same.