[Durga Puja] No public entry in the vicinity of Puja Pandals, raise awareness to reduce overcrowding in public places: Calcutta High Court

The Calcutta High Court has directed the State to ensure that puja pandals and the surrounding areas are made no-entry zones for the general public during the conduct of Durga Puja this year, in view of the COVID-19 pandemic situation ( Ajay Kumar De v. The State of West Bengal ).

. "Life has not been normal for the human species since or about March, 2020 and it may have been better if restrictions were put in place as to how the Durga Puja festivities would be celebrated this year." Calcutta High Court . The Bench of Justices Sanjib Banerjee and Arijit Banerjee on Monday issued directions to restrict overcrowding and ensure the maintenance of social distancing norms during Durga Puja.

. The Court directed the State to restrict entry into puja pandals. While these pandals would be no-entry zones as far as the general public is concerned, those persons who were authorised by the puja organisers (priests etc.) may be allowed to enter. The persons permitted to enter are to be identified and their names displayed for checks in advance.

At no point in time should there to be more than 15 people in a small pandal and 30 people in a large pandal.

Areas within 10 metres from "large" pandals were directed to be declared 'out-of-bounds' for the public. All major pandals in Kolkata were deemed 'large. For the smaller pandals, this distance was reduced to 5 metres.

. Additionally, the police and local authorities have been asked to raise awareness in small towns and villages about the necessity of maintaining social distancing and safety norms.

. The Bench was hearing a petition moved by a public interest litigant voicing concerns about overcrowding and the non-adherence to social distancing norms by the public during the Durga Puja festivities, this year.

. The petitioner claimed that there did not seem to be adequate preparation to avoid overcrowding during the festival. He cited the lack of compliance with social distancing norms at shopping centres and market places, even before the festival began. On the other hand, the State asserted that it was adequately prepared. To bolster their claim, they submitted a Memorandum as well a book published that laid out the Government's plan to deploy police personnel, control overcrowding, manage traffic, enforce safety norms and the like.

. The Court found that despite the State's well-intentioned measures, there was no measure to implement them practically.

. Noting that they were inadequate, the Court observed that " the apprehension that over-crowding could lead to an uncontrollable rise" in the COVID-19 situation was " real and immediate ."

. The Court, therefore, ordered the State to implement the abovementioned directions and disposed of the matter.

. The State, however, raised objection to the directions and sought a stay of the order. This was dismissed by the Court in a stern rebuke.

. " It is a matter of concern that the State finds the directions onerous. The prayer is unhesitatingly declined ", the Court said. . Senior Advocate Bikash Ranjan Bhattacharyya and Advocate Sabyasachi Chatterjee represented the petitioner, and Advocate-General Kishore Dutta and Advocate Sayan Sinha appeared for the State.

. Read the Order:

[Durga Puja] No public entry in the vicinity of Puja Pandals, raise awareness to reduce overcrowding in public places: Calcutta High Court

Lydia Suzanne Thomas

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