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SC asks Maharashtra SDMA to decide on Nanded gurdwara Dussehra procession
New Delhi The Supreme Court on Monday asked the Maharashtra State Disaster Management Authority (SDMA) to decide on the representation by Nanded gurdwara management
New Delhi The Supreme Court on Monday asked the Maharashtra State Disaster Management Authority (SDMA) to decide on the representation by Nanded gurdwara management board seeking to hold Dussehra procession amid Covid-19 pandemic.
A bench headed by Justice L Nageswara Rao, which assembled during the Dussehra vacation of the apex court to hear the matter, said the decision will have to be taken on the basis of ground situation.
The bench, also comprising Justices Hemant Gupta and Ajay Rastogi, asked the gurudwara management to file its representation with the SDMA by Tuesday.
The gurudwara management board can move the Bombay High Court if it is not satisfied with the decision of the SDMA, it said.
The top court was hearing a plea by ‘Nanded Sikh Gurdwara Sachkhand Shri Hazur Abchalnagar Sahib Board’ seeking permission to carry out the customary procession on account of the 300-year old event — ‘Dussehra, Takht Isnan, Deepmala and Gurta Gaddi’ — with certain conditions. During the hearing on Monday, the advocate appearing for the petitioner said that the Centre has issued guidelines on the issue and the state too has not raised objection to limited gatherings.
Referring to the guidelines, he said for marriage, 50 people are allowed and the gurdwara management board is not asking for “public participation” and there will be only as many people and on a limited route.
“Your contention that the state government is not opposing the procession is wrong,” the bench said, 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 said the management has reduced the procession route to 1.5 km and its timing can be fixed in the evening to ensure a small congregation; moreover, the proceedings would be telecast.
“State is saying there is a health risk,” the bench said. Senior advocate Devdutt Kamat, who appeared for Maharashtra along with state’s standing counsel Sachin Patil, referred to the number of Covid-19 cases and deaths in the state as well as in Nanded area and said that authorities have not allowed any kind of religious gatherings amid the pandemic.
The state government said if this procession will be allowed, then the authorities may have to permit other religious 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 said.
Solicitor General Tushar Mehta, appearing for the Centre, referred to the recent guideline of the ministry of home affairs and said it allows gatherings of up to 100 people subject to conditions. “The petitioner could consider doing the procession early in the Morning so only those who are participating in the religious function will join. Otherwise other people will be on the road,” he said.
