SC closes case against UP after cancellation of Kanwar Yatra; Kerala ordered to file response on plea against COVID relaxations for Bakrid

The Supreme Court today closed the suo motu case registered over the earlier proposed conduct of the Kanwar Yatra in Uttar Pradesh amid the COVID-19 pandemic, in view of the decision to cancel the yatra on Saturday.

. The Bench of Justices Rohinton Fali Nariman and BR Gavai were hearing the suo motu case registered following a newspaper report stating that the Uttar Pradesh government had decided to go ahead with Kanwar Yatra amid the COVID-19 pandemic.

. Senior Advocate CS Vaidyanathan today informed the Court that since the last hearing, a decision had been taken to cancel the Yatra.

" All Kanwar sanghs have greed that in view of COVID19, they will cancel the yatra, there will be no Kanwar Yatra at all ... Delhi and Uttarakhand will not hold Kanwar Yatra", he said.

. He added that local-level activities would not constitute a Yatra, explaining that, " If at local level a devotee visits a local temple then its no yatra at all and has to maintain the COVID protocols in place."

. The Court proceeded to close the matter after recording the devleopment. In doing so, it also added a word of caution for all authorities.

. " UP has filed an affidavit today in the Kanwar Yatra case. Considering that the pattern of last year will be followed, it is clear that kanwar sanghs of various districts have consented that yatra will be postponed this year too due to health and safety reasons. .. It is necessary to close this matter... it is to remind ... authorities at all levels when untoward incidents which directly affect lives of the public take place, (it) will be looked upon sternly and action should be taken immediately ", the order stated.

. Plea against COVID-19 relaxations in Kerala for Bakrid to be heard tomorrow . The Court today also heard intervention applications raising concerns relating to COVID-19 safety norms in the wake of relaxations given for other religious festivities.

. Senior advocate Vikas Singh appeared for PKD Nambiar, a Delhi resident who had registered protest over the Kerala government's decision to relax COVID-19 restrictions for a three-day period between July 18-21 on account of Bakrid.

. " Kerala has the highest cases in the country today. It’s surprising to know that they still have increasing numbers when others have suppressed the situation. Actual numbers may vary, 10.96% positivity rate is there ... UP has 59 case and Kerala has 13,000 COVID cases. Please pass some orders. Only 2 days there now, " Singh urged the Court.

. " Only some shops have been opened in Kerala. Lockdown has been lifted squarely for this reason in some areas for facilitating the festival. Otherwise, shops are open in Kerala ... each day we are publishing COVID positive cases. We will file a detailed (reply)....", Advocate G Prakash countered, on behalf of the Kerala government.

. The Court, in turn, directed that this reply be filed today so that the matter can be taken up tomorrow.

. " Given the situation and the celebration going on in the State, a reply be filed by end of today ... matter to be item 1 before us tomorrow ", stated the order.

. Appearing for another intervenor, senior advocate K Radhakrishnan argued that all social and religious congregations should be suspended till at least 80% of the population is vaccinated. The Court took the submission on record.

. " We have heard Senior Advocate Radhakrishnan who has intervened asking us to see Union and State government is vigilant so that infection of contagious diseases which can spread interstate can be contained. We appreciate his concern ", the Court said.

. Late on late Saturday night, a decision was taken to cancel the Kanwar Yatra in the State of Uttar Pradesh this year in view of the COVID-19 pandemic.

. A day earlier, on Friday, the Supreme Court had said that it will not allow Uttar Pradesh to go ahead with the Yatra, adding that that if UP does not cancel the same, the Court will pass orders to that effect.

"State of Uttar Pradesh cannot go ahead with it. 100 percent," the Court had said.

. Though the State of Uttarakhand had called off the Yatra earlier, UP had initially decided to go ahead with the same due to which the Supreme Court initiated a suo motu case regarding the yatra.

.[BREAKING] "Religious sentiments subservient to fundamental right to health; Health of citizens paramount:" Supreme Court on Kanwar Yatra . "We are of prima facie view that it concerns all of us and is at the heart of the fundamental right to life. The health of citizenry of India and right to life is paramount, all other sentiments whether be religious is subservient to this basic fundamental right," the Court had observed on Friday when the case was heard.

. The State of Uttar Pradesh had earlier told the top court that total ban on the yatra will be inappropriate.

.[BREAKING] Kanwar Yatra cancelled in Uttar Pradesh after Supreme Court suo motu intervention . The apex court, however, maintained that the State will have to rethink its decision.

. The Court did not pass any directions on Friday but listed the matter for further consideration on Monday.

It allowed UP time till Monday to examine the issue and file an additional affidavit in this regard.

. "We can give you one more opportunity to consider holding yatra physically at all. This or else we pass an order. We are all Indians and this suo motu has been taken up as Article 21 applies to all of us. Either you reconsider to have it at all or we deliver," Justice Rohinton Nariman had remarked in the last hearing.

SC closes case against UP after cancellation of Kanwar Yatra; Kerala ordered to file response on plea against COVID relaxations for Bakrid

Debayan Roy

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