On Monday, in a fast turn of events, the Supreme Court partially recalled its own order dated 18.06.2020 whereby Hon’ble Supreme Court in W.P. (C) No. 571 of 2020 had stayed the famous Lord Sri Jagannath Rath Yatra which was scheduled to take place from 23rd June, 2020 in the City of Puri, Odissa.
Hon’ble Supreme Court while modifying its stay order dated 18.06.2020 on conducting Jagannath Rath Yatra in Odisha, ordered that the Centre and State should ‘work in tandem’, however, State Government will be at liberty to stop the festival in the event of any public health emergency.
Solicitor General of India submitted that it’s a matter of faith, and Rath Yatra can be carried out while taking care of health and safety. If Lord Jagannath will not come out tomorrow, he can’t come out for 12 years as per traditions.
After passing of order dated 18.06.2020, Several Modification Application were filed, including the one filed by Adv. Nachiketa Joshi and Adv. P.V. Yogeswaran on behalf of Daitapati Nijog Committee, Puri, which is an association of Daitapati Sevaks (Priests) and have special rights and privileges with regard to Lord Jagannath. The Daitapati sevaks take charge of Lord Jagannath’s decoration, worship and offering of fruits from the day Lord Jagannath falls ill (Aanasarabara) until the end of the Rath yatra or the car festival.
Sr. Advocate P.S. Narsima, assisted by Adv. Nachiketa Joshi submitted to the Court that, the association was only seeking the permission of this Hon’ble Court to complete the religious ritual and practice which is being carried out for last many centuries without the involvement of the public at large.
It was urged in the application that, the entire religious ritual and practice which is followed by the Temple can be executed only with the help of Daipapatis and Priests of the Temple, who are already kept in Quarantine for last many days, to facilitate the successful complete the religious ritual of Lord Sri Jagannath's annual visit to Gundicha Temple via Mausi Maa Temple (maternal aunt's home) near Saradha Bali, Puri approx. about 2.5km in the straight line). Sri Jagannath and his siblings go on this yatra after his recovery from this annual illness (Aanasabara).
It was also pointed out that, the Lord Jagannath Rath Yatra constitutes not just an annual festive procession, but an important and unmissable religious ritual/event in the life of Shri Jagannath each year and all the subsequent rituals following the Rath yatra are based on the understanding that Sri Jagannath has visited the Gundicha Mandir and return to the Sri mandir after his 9 days yatra. The Yatra for the year 2020 begins on 23rd of June, 2020 and will end on 2nd of July, 2020 i.e. 9 days.
The applicant suggested that, the entire City of Puri can be kept under Curfew with no involvement of public and instead the entire religious ritual and practice can be broadcasted online for the benefit of the devotees, who need not reach the temple or its precincts.
In Todays hearing, which was not likely to be listed till 10 am in the morning saw some dramatic developments when the matter was mentioned before the Vacation Bench of Justice Arun Mishra and Justice Sanjiv Khanna at 11 a.m. and thereafter the permission was sought from the Hon’ble Chief Justice of India who was not available in New Delhi.
The matter was finally fixed for hearing at 2.30 pm when it was finally heard by the same Bench which had passed the first order dated 18.06.2020 with the Hon’ble Judges connecting from different cities and hearing the advocates on virtual platform to pass the modified order.
The Hon’ble Supreme Court has allowed the modification of the Order and permitted the Rath Yatra with suitable directions wherein the State of Orissa is directed to supervise the entire Rath Yatra in a smooth and safe manner.
The judgement has been delivered by a bench comprising of Justice Arun Mishra and Justice Sanjiv Khanna on 22-06-2020.
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