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Shri Durga Jan Seva Trust vs Govt. Of Nct Of Delhi on 18 November, 2020

Author: Hima Kohli

Bench: Hima Kohli, Subramonium Prasad

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 9093/2020 and C.M. Nos. 29347-348/2020
        SHRI DURGA JAN SEVA TRUST                          ..... Petitioner
                           Through: Mr. Ranjan Chaudhary, Advocate.

                           versus

        GOVT. OF NCT OF DELHI                      ..... Respondent
                      Through: Mr. Sanjoy Ghose, ASC with
                      Mr. Naman Jain, Advocate.

        CORAM:
        HON'BLE MS. JUSTICE HIMA KOHLI
        HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                ORDER

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1. The present matter has been placed before this Bench at the request of learned counsel for the petitioner, as DB-I has not assembled today.

2. The present petition has been filed by the petitioner/Trust praying inter alia for quashing and setting aside an order dated 10.11.2020, passed by the Chairperson, State Executive Committee, Delhi Disaster Management Authority (DDMA), GNCTD directing all the authorities concerned to ensure that the Chhat Puja festival/celebrations in the month of November, 2020 shall not be allowed in public places/public grounds/river banks (Ghats)/temples etc. in NCT of Delhi and the public be encouraged/advised to celebrate the same at their homes at this time of the COVID-19 pandemic infection.

3. Mr. Chaudhary, learned counsel for the petitioner/Trust submits that while passing the impugned order, the respondent/authorities have not taken into consideration the fact that Chhat Puja is a major religious festival that is celebrated by the people of Bihar and Eastern U.P. on an annual basis. He states that for the past several years, the petitioner/Trust has been organising the Chhat Puja on an annual basis in Kirari MCD Ground which can accommodate over 2 lakhs persons and this time too, he may be permitted to organize the Puja at the same place on adopting all safety measures. It is contended that the directions issued by the respondent/authorities not to organise such a Puja during the COVID-19 pandemic overlooks the religious sentiments of the people and amounts to violating their right to conduct ceremonies at public places.

4. It appears that the petitioner/Trust has lost sight of the COVID-19 pandemic situation in Delhi where even as per the respondent/Delhi Govt., a third wave is under way. The daily infection rate in the past one week is hovering between 7,800 to 8,593. The daily death rate has crossed double figures and has touched 104 just a few days ago. Even as on date, there are 42,004 active cases of COVID-19 infection in Delhi. In such circumstances, the petitioner/Trust cannot expect the respondent/State to permit it to organise a Chhat Puja for over 2 lakhs persons at a public place in Delhi. Any such permission if granted, would necessarily result in the said celebration turning into a super spreader of the infection. In today's day and time, the petitioner/Trust's desire to celebrate Chhat Puja at such a large scale at public places, is belied by the existing ground reality prevalent in Delhi. The petitioner/Trust should have been alive to the said situation before approaching the court for such a relief. While religious sentiments of W.P. (C) No. 9093/2020 Page 2 of 3 all sections of the society must be respected, the right to life and health of the public at large cannot be sacrificed at the altar of a right to celebrate a festival, however, significant it may be for a particular community. This is the time to scale down to contain the infection and not to escalate the same.

5. For the aforesaid reason, we see no reason to interfere in the order dated 10.11.2020 issued by the Chairperson, State Executive Committee, DDMA, GNCTD which has taken into consideration the spread of the COVID-19 infection in Delhi and decided not to allow any persons to gather in public places to celebrate Chhat Puja on 20.11.2020. The impugned order is upheld and the present petition is dismissed along with the pending applications.

HIMA KOHLI, J SUBRAMONIUM PRASAD, J NOVEMBER 18, 2020 ap/rkb W.P. (C) No. 9093/2020 Page 3 of 3