Delhi High Court urges people to "be responsible" during Christmas, New Year gatherings

The Delhi High Court on Friday urged people of Delhi to exercise restraint and be responsible while celebrating Christmas and New Year [Kamlesh Jacob and Another v. State (NCT of Delhi) and Another].A Division Bench of Justices Vipin Sanghi and Jasmeet Singh was a plea challenging the decision of the Delhi Disaster Management Authority (DDMA) to impose restrictions on religious gatherings during Christmas and New Year."In light of active cases of COVID-19, we appeal people of Delhi to show restraints, avoid congregations, take precautions and be responsible," the Court observed.During the hearing of the case, the DDMA told the Court that there was no blanket closure of religious institutions or congregations except directions to adhere to Covid protocol. The Court disposed of the petition on the basis of a clarification issued by the DDMA on December 23 that religious places in Delhi will remain open for visitors, albeit with strict enforcement of Covid appropriate behaviour.Filed by an educationist senior citizen Kamlesh Jacob through advocates Manoj V George, Shilpa Liza George, Akriti Sethi, KM Vignesh Ram and Amit Kumar, the plea argued that the order of a complete ban is violative of the rights to equality and freedom of religion guaranteed under Articles 14, 25 and 26 of the Constitution."All ardent devotees of Christianity who have been undergoing lent season for last 25 days have been prohibited in Delhi from attending Chapel Masses on the eve of Christmas but the citizens are allowed to have gala dinners and commercial activities and shopping etc in Christmas. The selective exclusion of religious places of worship is in violation to Constitutional principles," the plea had stated.It argued that Delhi government has prohibited religious gatherings during festivals even though city's bars, restaurants, auditoriums and movie theatres are allowed to function at either half or full capacity.The petition said that Delhi is the only State in the country to have imposed a blanket ban on religious gatherings, even though Omicron is affecting the entire world."It is needles to point out that the festival of Christmas being the only festival celebrated by Christians across all stated in the country, ought to be permitted in the National Capital territory," it was contended.The petition had challenged a December 22 order of the DDMA that had issued stern directions to District Magistrates to follow the prescribed protocol of test, track and treat in such areas, besides taking effective containment measures and enforcing Covid-appropriate behaviour, also prohibiting religious gatherings during Christmas and New Year.(Order yet to be uploaded)