The Supreme Court has refused to entertain the plea by a group of pilgrims seeking to visit Gurdwara Nankana Sahib and other gurdwaras in Pakistan on the occasion of the 551st birthday of first Sikh master Guru Nanak.
The petitioner Gurdwara Sahib Dasmesh Darbar had moved the top court against the October 18, 2021 communication of the Union home ministry which declined its proposal to allow a Jatha (group of people) of 55 pilgrims to visit Sikh religious places in Pakistan either from October 23, 2021, to November 1, 2021, or from November 1, 2021, to November 11, 2021.
The ministry had said there have been certain restrictions on movement due to COVID-19 and asked the petitioner to consider joining the Jatha from November 17, 2021, to November 26, 2021, for visiting gurdwaras in Pakistan on the occasion of Gurpurb and asked it to send the proposal through State Government of Punjab.
While refusing to interfere with the decision of the Centre, a bench of Justices S K Kaul and M M Sundresh noted that due to the spread of the COVID-19 pandemic, certain restraints were put on the persons who wish to go to Pakistan.
“In our view, the aforesaid forms part of the practical administrative domain of the government to spread the visit of jathas over a period of time. It is the say of the petitioner that they are older persons and they can be accommodated. They could have made a further representation if they are so pleased. It is not as if the petitioner is not being permitted to visit but their proposal is sought through the channel of the state government for the period in question.
{{/usCountry}}“In our view, the aforesaid forms part of the practical administrative domain of the government to spread the visit of jathas over a period of time. It is the say of the petitioner that they are older persons and they can be accommodated. They could have made a further representation if they are so pleased. It is not as if the petitioner is not being permitted to visit but their proposal is sought through the channel of the state government for the period in question.
{{/usCountry}}“We are thus of the view that there is no infringement of the Constitutional right for invocation of the jurisdiction under Article 32 of the Constitution of India which would enable us to interfere with the aforesaid process. The writ petition is dismissed accordingly,” the bench said.