The Calcutta High Court Bench comprising Justices Rajasekhar Mantha and Kesang Doma Bhutia dealing with the Writ Petition pertaining to the handling of the crowd at Puja Pandal held that all puja pandals will continue to be No-Entry Zones, including an area of five-metre beyond the pandals on all the open sides and directed that on the basis of the size of the pandals, only limited people can be allowed entry within the permissible entry points as long as they are double vaccinated and are wearing a mask.
Background
This Public Interest Litigation had been filed praying that the directions already passed by this Court on 7th October 2021 that modified the order dated 5th November 2020 regarding the Puja Pandal gathering, be enforced during the immediately forthcoming successive festivals.
The petitioner is a public-spirited person. He stated in The Petition that the festive season is still continuing after Durga Puja, Dusserah. Kali Puja, Jagadhatri Puja, Kartick Puja as well as the Chhat Puja follow suit. The likelihood of crowding and assembly of a large number of people during the said forthcoming festivals cannot be ruled out.
The learned Advocate General submitted that they had no objection to the directions issued in the aforesaid two orders to be implemented in the State, for the forthcoming festivals.
The petitioner expressed apprehension that if the dilution as contained in the order dated 7th October 2021 was allowed, the Covid pandemic may revive into another wave. He, therefore, submitted that the directions contained in the original order dated 5th November 2020 must alone be applied and implemented by the State without any dilution.
Observation of the Court
The court observed that, during the Durga Puja for the year 2021, with the reduction in the Covid positive cases and the easing of the restrictions, people who had been confined and restricted at home for the prolonged lockdown, had ventured out socially, with vengeance. As a consequence of this, certain areas and popular pandals had seen enormous crowds albeit outside the entry points of the particular puja. In fact, one of such Puja had to be shut down and the concerned decorative pandal pulled down.
The court notes that the onus, in fact, lies on the citizens to ensure that there is no crowding at any place and the people should restrict themselves and apply curbs on their own to avoid and prevent overcrowding. The State would obviously continue to take all steps to strictly implement the aforesaid orders.
The Court was equally conscious of the fact that since Covid positivity in the State is within 5%, the restrictions imposed by the State and Central Government under the Disaster Management Act and the other related Statutes, are not applicable. Yet the likelihood of relapse of the pandemic and or a third wave, cannot be ruled out and looms at large.
Furthermore, the Court directed that the implementation of the following restrictions contained in the order dated 5th November 2020 and the order dated 7th October 2021 and as partially modified in the State for the forthcoming Kali Puja, Jagadhatri Puja and Kartick Puja festivals:
All pandals will continue to be No-Entry Zones, including an area of five-metre beyond the pandals on all the open sides. Only dhakis will be permitted to occupy the space beyond the pandals and within the five-metre zone thereafter. Except for dhakis, the five-metre zone has to be kept completely free at all times
For the smaller pandals, where the covered area excluding the dais is up to 150 square metres, only 10 persons may be in such a covered area at any given point in time. For pandals with a covered area between 150 square metres and 300 square metres excluding the dais, the number of persons at any point of time maybe 15. For bigger pandals, in excess of 300 square metres in an area excluding the dais, a maximum of 45 persons can be within the pandals at any given point in time.
Sanitisers must be available at the puja pandals and wearing masks will be mandatory within and around the pandal area. The distancing norm has to be maintained at all times both within the pandals and in and around the pandals.
Immersions should be low-key affairs and processions for such purpose will not be permitted. The use of bands and lights at the time of immersion will also remain prohibited. It will be open to the local police to provide for staggered timings so that the immersion ghats are not overcrowded.
Such entry shall be unrestricted provided each visitor is double vaccinated and wears a mask. Subject to the maximum number of persons which is allowed inside a Puja-pandal and compliance with the other conditions like double vaccination and wearing of masks, all activities and puja rituals like Anjali, Arati, Sindur Khelaetc. are permitted inside the pandal. This entry requirement compliance shall be checked by the Puja organisers at the entrance. Spot verification is to be made by the police. If any Puja organisation is found to be in default, the Puja and all other activities in that pandal may be forthwith cancelled by the police.
The expression “such entry shall be provided each visitor is doubly vaccinated and wears a mask”, should not be treated as a blanket license to one and all to the throng and overcrowd the puja pandal areas in particular and street in general.
At last, the Court highlighted its hope stating that citizens self-impose the above restrictions. Appropriate and wide awareness of the restrictions must be spread by all stakeholders, particularly, the petitioner and the State.
Further, the directions for Chhat Puja were said to be considered after the reopening of the Court on the 8th November 2021.
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