Gujarat HC castigates State over inaction on Muharram procession amid COVID-19, asks why people are unwilling to accept COVID-19 realities

"'Fools rush in where angels fear to tread.' The phrase alludes to inexperienced or rash people attempting things that more experienced people avoid.".In a stern order dated September 18, the Gujarat High Court quoted these famous lines by Alexander Pope to express its anguish over the inaction of the State on a Muharram procession that took place on August 30 amid the COVID-19 pandemic, allegedly in violation of COVID-19 safety norms..The Bench of Chief Justice Vikram Nath and Justice JB Pardiwala was hearing a Public Interest Litigation petition that asserted that people in Khambhat had taken out a procession of Muharram on August 30, without heed to Notifications that specifically barred assembly in large numbers..Taking critical note, the Court observed, ."... the Pandemic is spreading like wildfire, despite harsh lockdowns. We are standing naked at the shore and do not know when the huge wave of Corona may sweep us into the deep sea. We really don't know what tomorrow holds."Gujarat High Court.Remarking that it was short of words to express its anguish, the Judges lamented that the persons who participated in the procession amid the pandemic not only put their lives in danger but also their family’s. The Bench recorded:."The result of this rash act on the part of the residents of Khambhat has brought about disastrous consequences in the form of more than 900 cases of COVID-19 positive in the district of Anand out of which 400 cases have been reported in the Khambhat town itself.".In view of the same, the Court has now directed for:The initiation of an inquiry into the matter with a report of the same to be filed in Court.The Collector and District Magistrate, Anand as well as the Superintendent of Police, Anand to file individual reports on the procession and how it took place despite the guidelines in place..In his petition, the petitioner, Apurva Rasikbhai had annexed photographs and videos that he had received over WhatsApp showing people in a Muharram procession supposedly violating social distancing norms and safety guidelines, such as wearing masks..After he inquired about the legality, he found that no permissions had been granted for the conduct of such a procession by the authorities, the Court was told. .It was also brought on record that an FIR was registered at the Khambat Police Station but that no action was taken, “with oblique motives”, the petitioner averred..While it noted that it was too late to reprimand persons who participated in the proceeding, the Court pointed out that the fact that such a procession happened was a “serious matter for concern”.Remonstrating the police for their supposed inaction, the Bench stated:."We propose to take a serious notice of this rash act on the part of the people by putting a straight question to the local administration, more particularly, the police machinery as to what they were doing on that particular day and date when thousands of people flocked at the mosque situated in the town and took out the procession of 3 kilometres. There is not a single individual in the crowd of hundreds of people wearing a mask.".Despite knowing full well that there were prohibitions on religious activities, the authorities “still the authorities failed to act promptly and restrain the members of the minority community from taking out the procession,” the Bench pointed out..Underscoring that the right to profess or practice religion was subject to subject to public order, morality and health, and operation of laws such as the restriction on public gatherings, the Court again expressed that it was puzzled over the people’s apathy to the deadliness of the virus.."We fail to understand why people are not ready to accept the reality and the reality is that the entire Universe as on date is facing the wrath of nature in the form of a very dreadful pandemic."Gujarat High Court.The Judges added:"the adoption of safe practices is needed to win over the health crisis. We need to understand the Art of living with the Corona Virus.".The petition was disposed of on these terms, with an additional direction to the Registry to list the matter on November 27, 2020, to examine the reports that are to be submitted by the authorities. .Read the Judgement here: