The Supreme Court on Monday asked the Maharashtra government to take the final decision regarding whether the Nanded gurdwara management can be allowed to take out a small procession on Dussehra, given the ongoing pandemic.
The top court asked the gurdwara management board to give representation to the Maharashtra State Disaster Management Authority (SDMA) and left the SDMA with the responsibility of deciding on the representation. The gurdwara management board can move the Bombay High Court if it is not satisfied with the decision of the SDMA, the court said.
Advocate Praveen Chaturvedi appeared for the petitioner and said that the Centre has practically issued guidelines. He argued that the state has also not raised objections to limited gatherings and that permission has been granted to Jain temples for public attendance. “As far as guidelines are concerned, for marriages, 50 persons are allowed. We are also not asking for public participation. There will be 50 persons, on a limited route,” he said.
The apex court questioned the petitioner, “Your contention that the state government is not opposing the procession is wrong. 40-50 people in the procession are okay but who will control if there is a procession on the road?” “The state is saying that there is a health risk, especially with the number of people affected in Nanded. There was a restriction in Puri too, but many people had turned up,” the Supreme Court added. The petitioner replied, “We are asking people in the community to not come. We will have a truck on which the Granth Sahib will be kept. We will telecast the proceedings.”
Solicitor General Tushar Mehta appeared for the Central government and said that the Union has issued guidelines. He said that the Centre has been unlocking the country and reopening places since 30 May. He informed that the MHA vide 29 August order issued Unlock 4 guidelines, and allowed religious/political/social functions from 21 September and gatherings of more than 100 persons outside containment zones subject to conditions. “When the petitioner says “we will not be gathering more than 50 persons”, then it would not cross the 200- mark. The petitioner could consider doing the procession early in the morning so only those who are participating in the religious function will join,” the SG added.
To this, the Maharashtra government advocate said, “It is all very well to say that there will be only 50 people but their own documents say that Dussehra is on 22 October and that there will be a heavy congregation of people.” “Ganpati festival is an important festival in Maharashtra, and the same request had been made then, that only 4 to 5 people would be allowed in every pandal. But we did not permit any processions,” he added.
The SC was hearing a plea by the Nanded Sikh Gurdwara Sachkhand Shri Hazur Abchalnagar Sahib Board which is seeking permission to carry out their 300-yearold customary procession as part of the Dusshehra, Takht Isnan, Deepmala and Gurta Gaddi events, with certain conditions.