[COVID-19] Holding Jangal Mahal Utsav Mela not in public interest: Calcutta High Court

The Calcutta High Court recently expressed its reservations against holding the Jangal Mahal Utsav Mela in Jhargram district, in view of the surge in COVID-19 cases in West Bengal [Pratik Maitra v The State of West Bengal and Others ]..The observations were made by a Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, which was hearing a plea seeking a ban on the Mela citing the rapid increase in COVID-19 cases."The COVID situation is grave in the State of West Bengal and COVID cases are rapidly increasing..It may not be in the public interest to hold the Mela on the given dates from 17th of January, 2022," the Court noted.In view of the above it directed the District Magistrate of Jhargram to take a decision regarding postponement of the Mela..The plea by one Pratik Maitra stated that due to the surge in the number of Covid cases, the Kolkata International Film Festival had been postponed and educational institutions closed. Therefore, it is not the proper time to hold the Mela, he argued.The counsel for petitioner submitted that on January 12, 2022, the number of new Covid cases in the State was 22,155. It was further pointed out that the infection rate is 30.86 per cent and a lockdown has been imposed in Jhargram district.Therefore, the Mela should not be held especially when there is no tradition of holding it on a particular date or in reference to particular lunar and solar positions.He informed the Court that the District Magistrate of Jhargram had ordered that all government and private offices in the district will remain closed from 6 AM to 10 PM on January 8, 10, 12 and 14, and only minimum staff will remain present for any emergency on those days."A further direction was issued that all markets, shops and establishments in Jhargram Municipality will remain closed from 6 AM to 10 PM on January 10, 2022," the petitioner informed the Court..The counsel for the State submitted that the Mela has been held for the last 8 years and this year, instead of holding the Mela at one place, it has been decided to hold the Mela separately at six places at Jhargram, Paschim Midnapore, Purulia, Bankura, Birbhum and Paschim Bardhaman. Certain special measures for COVID will be adopted at the time of the Mela, it was contended..The Court after hearing the parties noted that there is no past practice of holding the Mela on a particular date of the month or in reference to any particular lunar or solar position. It further observed that the fact that the order passed by District Magistrate has restricted movement of public and private vehicles revealed the seriousness of COVID situation in Jhargram district..The Court ,therefore, proceeded to state that it is not in public interest to hold the Mela on the given date. Accordingly, it directed the District Magistrate, Jhargram, to take a decision in respect of postponement of Mela within a period of 24 hours."While taking the decision, the respondent No. 2 will duly take into account the COVID situation which was prevailing on January 6, 2022 which compelled him to issue the order referred above and if the situation thereafter has improved or deteriorated," the Court held..[Read Order]