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The bench, additionally comprising Justices Hemant Gupta and Ajay Rastogi, requested the gurudwara administration to file its illustration with the SDMA by Tuesday.
The Supreme Court on Monday requested the Maharashtra State Disaster Management Authority (SDMA) to determine on the illustration by Nanded gurudwara administration board searching for to maintain Dusshera procession amid COVID-19 pandemic.
A bench headed by Justice L. Nageswara Rao, which assembled through the Dusshera trip of the apex court docket to hear the matter, stated the decision can have to be taken on the idea of floor scenario.
The bench, additionally comprising Justices Hemant Gupta and Ajay Rastogi, requested the gurudwara administration to file its illustration with the SDMA by Tuesday.
The gurudwara administration board can transfer the Bombay High Court if it’s not glad with the decision of the SDMA, it stated.
The prime court docket was listening to a plea by ‘Nanded Sikh Gurudwara Sachkhand Shri Hazur Abchalnagar Sahib Board’ searching for permission to perform the customary procession on account of the 300-year outdated occasion — ‘Dusshera, Takht Isnan, Deepmala and Gurta Gaddi’ –with sure situations.
The plea has stated that Gurudwara Takhat Shri Hazur Abchalnagar is a pious place of world fame for being the final place of tenth Sikh Guru Shri Guru Gobind Singh ji Maharaj, the place he granted holy seat of Guru to the Gurugranth Sahiv ji earlier than going to Sachkhand.
The Maharashtra authorities has instructed the apex court docket that permitting Nanded gurudwara to maintain Dusshera procession is not going to be a “practically feasible option amid COVID-19 and the state has taken a conscious decision of not allowing religious functions to check the spread of virus.”
During the listening to on Monday, the advocate showing for the petitioner stated that the Centre has issued tips on the difficulty and the State too has not raised objection to restricted gatherings.
Referring to the rules, he stated for marriage 50 individuals are allowed and the gurudwara administration board isn’t asking for public participation and there will likely be solely as many individuals and on a restricted route.
“Your contention that the State government is not opposing the procession is wrong,” the bench stated, “adding that 40-50 people in the procession is okay but who will control the crowds if the gathering becomes bigger on the road.”
The petitioner’s counsel stated the administration has diminished the procession route to 1.5 km and its timing might be mounted within the night to guarantee a small congregation; furthermore, the proceedings could be telecast.
State is saying there’s a well being danger, the bench stated.
Senior advocate Devdutt Kamat, who appeared for Maharashtra together with State’s standing counsel Sachin Patil, referred to the variety of COVID-19 circumstances and deaths within the State in addition to in Nanded space and stated that authorities haven’t allowed any form of non secular gatherings amid the pandemic.
The State authorities stated if this procession will likely be allowed, then the authorities might have to allow different non secular gatherings.
“State is genuinely concerned regarding health. Public health is a State subject. Despite whatever the Centre says that functions can go on, public health is something which State has to consider,” Kamat stated.
Solicitor General Tushar Mehta, showing for the Centre, referred to the current guideline of the Ministry of Home Affairs and stated it permits gatherings of up to 100 individuals topic to situations.
The petitioner might take into account doing the procession early within the Morning so solely those that are taking part within the non secular operate will be part of. Otherwise different individuals will likely be on the street, he stated.
“I want to suggest one thing. The procession is 1.5 km, they could consider holding it between 7-9 a.m. so that only the persons participating in the ritual are there and passer bye are not involved,” Mehta stated.
The bench referred to affidavit filed by Maharashtra and stated the authorities have contended that so many festivals, which concerned processions, haven’t been permitted due to the pandemic.
Mehta stated this isn’t a competition celebrated throughout Maharashtra and is restricted to Nanded.
When the bench requested the petitioner to apprise it about how many individuals had attended the procession final yr, the counsel for the administration board stated it was an open operate in 2019 through which round 7,000-8,000 individuals had attended.
The State knowledgeable the bench that letter despatched by Gurudwara on 28 September had stated that lakhs of individuals will come within the operate.
“Would it be possible for you to impose curfew like in the Jagannath Puri case? Have a curfew for an hour or two and ask people not to come out,” the bench requested, including, “can’t the procession be carried out at 4-5 am?”
In its affidavit, the Maharashtra authorities has stated that as on October 16, 2020, the overall inhabitants affected by COVID-19 within the State was 15,76,062 and the overall variety of deaths registered on account of the virus are 41,502.
The State authorities has stated that in Nanded district the variety of individuals affected by COVID-19 is eighteen,167 and the overall variety of deaths is 478. In Nanded Municipal Area, the variety of individuals affected by COVID-19 is 8,375 and the overall variety of deaths is 224.
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