IN THE SUPREME COURT OF INDIA [ORDER XXXVIII RULE 12] [CIVIL ORIGINAL JURISDICTION] WRIT PETITION [CIVIL] NO. OF 2020
IN THE MATTER OF:-
SHRI AMARNATH BARFANI LANGARS …PETITIONERS ORGANISATION (REGD) & ANR VERSUS UNION OF INDIA & ORS ...RESPONDENTS
With
I.A. No. _____ of 2020 Application for Ex Parte Ad Interim Stay
PAPERBOOK [For Index Please See Inside]
ADVOCATE FOR PETITIONER: PAI AMIT Filed on 30.06.2020 RECORD OF PROCEEDINGS
Sr. No. Date of Record of Proceedings Pages
INDEX
Sr. Particulars of Document Page No. of part to Rem No. which it belongs arks
Part I Part II (Contents (Conten of Paper ts of file Book) alone)
(i) (ii) (iii) (iv) (v)
1. Court Fees
2. O/R on Limitation A A
3. Listing Proforma A1 - A2 A1 – A2
4. Cover Page of Paper Book A-3
5. Index of Record of Proceedings A-4
6. Limitation Report prepared by the A-5 Registry
7. Defect List A-6
8. Note Sheet NS1 to __
9. Synopsis and List of Dates B-W
10. Writ Petition under Article 32 of the 1-32 Constitution along with Affidavit.
11. ANNEXURE P/1
A true copy of the Memorandum of 33-45 Association of the Petitioner No. 1 dated 18.05.2005 . 12. ANNEXURE P/2
A true copy of the work done by the 46-50 Petitioner No. 1 – SABLO dated nil
13. ANNEXURE P/3
A true copy of the letter no. SASB/2020/107 dated 23.01.2020 issued by the Additional Chief 51-54 Executive Officer, Shri Amarnathji Shrine Board
14. ANNEXURE P/4
A true copy of the letter dated 55-64 24.02.2020
15. ANNEXURE P/5
A true copy of the notification dated 65-71 24.03.2020 issued by the Ministry of Home Affairs, Government of India along with the annexure
16. ANNEXURE P/6
A true copy of the letter dated 72-74 22.04.2020 by the Petitioner No. 1 to the Prime Minister
17. ANNEXURE P/7
A true copy of the letter dated 75-77 22.04.2020 by the Petitioner No. 1 to the Chairman, Shrine Board
18. ANNEXURE P/8
A true copy of the Order dated 78-83 29.05.2020 in South Bay United Pentacostal Church v. Gavin Newsom, 590 U.S. __ (2020), being Application No. 19A1044
19. ANNEXURE P/9
A true copy of the notification dated 84-91 30.05.2020 issued by the Ministry of Home Affairs, Government of India
20 ANNEXURE P/10
A true copy of the letter dated 92-96 07.06.2020
21. ANNEXURE P/11
A true copy of the letter dated 97-99 15.06.2020 by the Petitioner No. 1
22. ANNEXURE P/12
A true copy of the Order dated 100-110 22.06.2020 in W.P. (C) No. 571 of 2020 passed by this Hon’ble Court
23. ANNEXURE P/13
A true copy of the letter dated 111-113 26.06.2020 issued by the Additional Chief Executive Officer
24. ANNEXURE P/14
A true copy of the letter dated 114-116 26.06.2020 issued by the Additional Chief Executive Officer
25. ANNEXURE P/15
A true copy of the email dated 117-119 28.06.2020 issued by the Petitioner No. 1
26. ANNEXURE P/16 120-127 A true copy of the notification dated 29.06.2020 issued by the Ministry of Home Affairs, Government of India
27. I.A. NO. ______OF 2020
An application for ex parte ad interim 128-132 stay
28. Letter 133
29. V/A 134-138
IN THE SUPREME COURT OF INDIA [ORDER XXXVIII RULE 12] [CIVIL ORIGINAL JURISDICTION] WRIT PETITION [CIVIL] NO. OF 2020
IN THE MATTER OF:-
SHRI AMARNATH BARFANI LANGARS …PETITIONERS ORGANISATION (REGD) & ANR VERSUS UNION OF INDIA & ORS ...RESPONDENTS
OFFICE REPORT ON LIMITATION
1. The present Writ Petition is within time.
2. The petition is barred by time and there is delay of ___
days in filing the same against order dated ______,
petition for condonation of ____ days delay has been filed.
3. There is delay of ____ in refilling the petition and petition
for condonation of _____days delay in refilling has been
filed.
Dated: 30.06.2020 New Delhi BRANCH OFFICER
A-1 PROFORMA FOR FIRST LISTING SECTION: IVA The case pertains to (Please tick/check the correct box):
Central Act (Title): The Constitution of India Section: Section: Article 32 read with Articles 14, 21 Central Rule: N.A. Rule No (s): N.A. State Act (Title): N.A. State Rule (Title): N.A. Rule No (s): N.A. Impugned Interim Order: N. A. Impugned final Order/Decree: N.A. High Court: N.A. Name s of Judges: N.A. 1. Nature of matter: Civil 2. (a) Petitioner/appellant No. 1: SHRI AMARNATH BARFANI LANGARS ORGANISATION (REGD) (b) e-mail ID: N.A. (c) Mobile phone number: N. A. 3. (a) Respondent No.1: UNION OF INDIA (b) e-mail ID: Not Known (c) Mobile phone number: Not Known 4. (a) Main category classification: (b) Sub classification: 5. Not to be listed before: N. A. 6. (a) Similar/Pending matter: No similar matter is pending (b) Decided matters with citation: No decided cases 7. Criminal Matters: N. A. A-2
a) Whether accused/convict has surrendered: N.A. b) FIR No. N.A. Date: N.A. c) Police Station: N.A. d) Sentence Awarded: N. A. e) Sentence Undergone: N. A. 8. Land Acquisition Matters: N. A. a) Date of Section 4 notification: N. A. b) Date of Section 6 notification: N. A. c) Date of Section 17 notification: N. A. 9. Tax Matters: State the tax effect: N. A. 10. Special Category (first petitioner/appellant only): N.A. Senior citizen>65 years: N.A. SC/ST: N.A. Woman/child: N.A. Disabled Legal Aid case: N.A. In custody: N.A. 11. Vehicle Number (in case of Motor Accident Claim matters): N.A.
Date: 30.06.2020
PAI AMIT Advocate for Petitioners AOR Code: 2649 223, MC Setalvad Block New Lawyers Chambers, Supreme Court of India, New Delhi – 110201 B
SYNOPSIS
The Petitioners are constrained to move this Hon’ble Court by way of the present writ petition under Article 32 of the
Constitution, inter alia, seeking a direction in the nature of a mandamus to the Respondents, to restrict the entry of the public for the annual Shri Amarnath Yatra for the year 2020, in view of the outbreak of the Covid-19 pandemic, and in view of the prevailingdisaster situation as defined under the National
Disaster Management Act, 2005, and for the enforcement of the fundamental rights under Articles 14/21.
The only question before this Hon’ble Court in the present writ petition, is whether, in view of the pandemic situation that is still prevailing in the country causing the normalcy of life to have been affected, the Shri Amarnath Yatra for the year 2020 should be restricted for public entry, in view of the threat of public health, and in view of the outbreak of the Covid 19 pandemic, and for the enforcement of the fundamental rights under Articles
14 and 21 of Part III of the Constitution of India. C
It is relevant to note that the dates of the Shri Amarnath
Yatra 2020 have not yet been announced by the Shri Amarnathji
Shrine Board, and despite the same, the permissions have been issued to few Bhandara Organizations, to reach the venue on or before 28.06.2020, and to start the service (seva) from 03.07.2020.
It is submitted that to permit the devotees and pilgrims to attend the Shri Amarnath Yatra 2020, would cause a serious public health issue in the present pandemic situation.
It is relevant to note that the Respondent No. 3 – Shrine
Board had initially decided on 22.04.2020 to cancel the Shri
Amarnath Yatra 2020 for pilgrims/devotees, in order to not put them in the harms way and to contain the Covid 19 virus.
However, within a few hours, the decision was withdrawn. The said decision to cancel as well as to withdraw the cancellation was widely reported in the newspapers. It is submitted that today the number of cases of Covid 19 in India is almost 5.5 lakhs.
Therefore, it is submitted, there is no rationale for the withdrawal of the cancellation of the Yatra for the pilgrims.
D
BRIEF FACTUAL MATRIX
The Shri Amarnath Yatra is an annual occurrence, where lakhs of devotes from across the world travel to the cave in which the Shri Amarnath Temple is situated. The said Cave Temple is located at an altitude of about 3,888 meters from sea level, and at about a distance of about 141 km from Srinagar. The Shri
Amarnath Temple is one of the holiest shrines for Hindus, and is revered by millions across India and the globe. Petitioner No. 1 is a non-profit, non-funded, registered Association of NGOs of the various Bhandara Organisations, which are engaged in free of cost services to the devotees/pilgrims who tread the yatra path, by providing them with meals, shelter, medical facilities, etc. It also facilitates the smooth conduct of the Shri Amarnath Yatra year after year, in close coordination with the Shri Amarnath
Shrine Board (SASB). It is submitted that the Petitioner No. 1 is an important and major stakeholder in the conduct of the Shri
Amarnath Yatra.
Each year, the Shri Amarnath Yatra sees more than 3 lakh pilgrims every year, and more than 10,000 devotees visit the E temple on a single day. The Shri Amarnath Yatra is held between
July and August every year.
Due to the outbreak of the Covid 19 pandemic, a national lockdown was imposed by the Government of India, in an announcement made by the Prime Minister, on 24.03.2020. In view of the same, the Petitioners made a request to the
Respondent No. 3 on 22.04.2020, to not conduct the Shri
Amarnath Yatra for the year 2020, in view of the pandemic.
Further, it was stated that due to the heavy volume of the pilgrims who visit, it would be impossible to implement the norms of social distancing at the Base Camps, Access Control
Gates or the Holy Cave, as well as to monitor the outbreak of
Covid 19 as is requisite. Further, it was stated that in view of the current situation, it would be very difficult for the common public to have access to hotels, travel, etc. for the Yatra.However, in pursuance of the telephonic conversation, on 15.06.2020, the
Petitioners gave a list of the proposed Bhandaras for the proposed Yatra, 2020. Thereafter, permissions for the Bhandaras was granted by Respondent No. 3. However, in view of the Order F dated 22.06.2020 in W.P. (C) No. 571 of 2020 being Odisha Vikash
Parishad v. Union of India, passed by this Hon’ble Court, the
Petitioners again made a representation/ request to the
Respondent No. 3 to restrict the Shri Amarnath Yatra for the year
2020, and not permit the devotees and pilgrims for the Yatra by its letter dated 28.06.2020. However, there is no response.
RESTRICTIONS HAVE BEEN IMPOSED EARLIER
The Shri Amarnath Yatra consists of several poojas, and begins with the Chhari-Mubarak Pooja at the Dashnami Akhara,
Srinagar, and thereafter, the Mahantji carries the holy mace to the shrine of Shri Amarnathji. The Yatra also has, as per traditions,
Bhoomi Pujan, NavgrahPujan and Dhawajarohan rituals. In all these rituals and ceremonies, thousands of people participate every year. However, this year, owing to the outbreak of the pandemic, it is submitted that the entire pooja be restricted only to the essential persons/trustees, etc., and not be open to devotees and pilgrims.
It is further submitted that the present Petitioners only seek a restriction on the participation of the devotees/pilgrims, in G light of the outbreak of the pandemic. It is further submitted that even last year, 2019, after the Government of India revoked the special status given to the erstwhile State of Jammu and Kashmir, the movement of pilgrims and devotees was restricted, as a matter of security concern. Further, even now, as per the
Government of India guidelines, there cannot be more than 50 people attending a marriage ceremony, and 20 people attending a funeral. This is primarily done to ensure that the outbreak of the pandemic is not furthered. Even applying these standards, it is submitted that the Petitioners seek restrictions to be imposed, and close the Yatra for devotees and pilgrims. More so, in the absence of proper transportation and lodging facilities, such pilgrims and devotees will be put to great hardship. Therefore, the present writ petition is being filed.
PUBLIC HEALTH IS IN EXCEPTION TO ARTICLE 25
The Petitioners submit that the right to religious freedoms and all other allied fundamental rights guaranteed under Article
25 are duly respected and enjoy the due deference of the
Petitioners. In fact, the Petitioners, as has been aforestated, have H actively facilitated the Shri Amarnath Yatra for over 15 years, and provides for facilities for the lakhs of devotees/pilgrims who annually participate in the Yatra. It is submitted that Article 25 has limitations placed within the article, and public health is one of the limitations. It is submitted that while the case of the
Petitioners is not to limit the exercise of the right to freedom of religion enshrined in Article 25, and seek the cancellation of the religious ceremonies or other related aspects of the worship of the Lord Shri Amarnath ji, it is submitted that the present petition only seeks to limit the ceremonies to only bare essential persons, and not keep it open to the public at large.
It is submitted that the present situation is an unprecedented situation, and the opening up of the Shri
Amarnath Yatra for devotees and pilgrims will cause to put life of thousands of people are serious risk. Further, there is absolutely no mechanism to maintain the norms of social distancing or to track the contact that the pilgrims/devotees come into, which are a serious concern if the Shri Amarnath Yatra is not restricted. It is further submitted that restrictions have been imposed in the past I due to security concerns, and in 2019, after the Government of
India revoked the special status given to the erstwhile State of
Jammu and Kashmir, the movement of pilgrims and devotees was restricted. Therefore, it is not unprecedented. It is further submitted that the Shri Amarnath Yatra is an annual feature, unlike the Shri Jagannath Yatra, and therefore, it is quintessential that the issue of public health be considered by this Hon’ble
Court. This is more so when the pandemic is spreading like wildfire in the cities.
ARTICLE 14 AND 21 VIS-À-VIS ARTICLE 25
The present matter brings to the fore the conflict of the fundamental rights guaranteed under Article 25 and Articles 21 read with 14. It is submitted that this Hon’ble Court has time and again held that Article 21 includes the right to health. The present petition is based on the fact that the current situation in the country is one that is unprecedented, and the continuation of the
Shri Amarnath Yatra, and or participation of lakhs of devotees and pilgrims will only fuel the fire of the pandemic. It is submitted that the present writ petition is being filed in view of J the extraordinary situation. It is further submitted that this
Hon’ble Court in the case of Arjun Gopal v. Union of India, (2019)
13 SCC 523, has held that while balancing the rights between
Article 21 and Articles 25/19(1)(g), Article 21 would assume greater importance, as Article 21 is includes within itself the right to public health, while harmonizing the said fundamental rights.
It is submitted that the world has been inflicted with the unprecedented circumstance of the spread of the novel
Coronavirus, i.e. Covid 19. Due to the outbreak of the pandemic, the Government of India and those of various States have taken several laudable steps over the last three months, to contain the outbreak. It is submitted that the country is slowly moving towards reopening and normalcy. Having a large religious congregation, such as the Shri Amarnath Yatra will defeat this purpose, and put to the risk of contracting several thousand people. It is submitted that the protection of public health is a fundamental consideration and a bounden duty imposed on the
State in terms of Article 21 read with Article 14. Therefore, it is submitted that this Hon’ble Court consider this matter through K the prism of public health, and not through the prism of the right to religion. Further more, the present petition does not seek the complete ban on the conduct of the Shri Amarnath Yatra or the religious ceremonies that are allied, but a complete restriction on the public from participating in the same. This will enable that the religious ceremonies that are to be observed and the rituals that are to be conducted in the worship of the Lord Shri
Amarnath Ji are not compromised, while ensuring that the social distancing module prescribed by the Government of India to defeat the Covid 19 pandemic are maintained. It is submitted that the situation is not normal, and therefore extraordinary means have to be adopted.
JUDICIAL PRECEDENT
As aforementioned, the present case is dealing with the right to religion in a pandemic situation. This Hon’ble Court in the case of Odisha Vikash Parishad (Supra.), has laid down restrictions on the conduct of the Shri Jagganath Yatra this year by its Order dated 22.06.2020. The present writ petition is seeking a similar relief in restricting the worship of Lord Shri Amarnath L
Ji, so that the same is not open to the public at large this year. As aforementioned, this Hon’ble Court, in Arjun Gopal, has held that the right to health under Article 21 has preference than the right to religion or the right to business.
It is relevant to note that apart from this Hon’ble Court, the
Hon’ble Supreme Court of the United States has also passed a similar Order in the case of South Bay United Pentacostal Church v. Gavin Newsom, 590 U.S. __ (2020), Order dated 29th May 2020.
In that case, the Hon’ble Supreme Court of the United States was posed with a question of whether the Governor of California’s
Executive Order restricting attendance at a place of worship was violative of the religious freedoms enshrined in the Constitution of the United States. By majority, the Hon’ble Supreme Court of the United States held that the Executive Order was valid, and the restrictions were in consonance with the Free Exercise Clause of the First Amendment, as similar restrictions had been imposed on all social activities.
It is also relevant to note that this Hon’ble Court in the case of In Re: Amarnath Shrine, (2013) 3 SCC 247 has noted that there M was a need to balance the religious tourism with the issues of general public interest and for the protection of the environment and ecology as under Article 21 read with Articles 14, 25, 27, 48A,
49, 51A, and has issued detailed directions in accordance with the recommendations of the Special High Powered Committee
(SHPC) appointed by this Hon’ble Court. Therefore, it is submitted that this Hon’ble Court has interfered with the functioning of the Shri Amarnath Shrine Board, on an earlier occasion in view of the overarching public interest involved. The present petition is seeking the enforcement of the right to public health guaranteed by the Constitution of India under Article 21 read with 14.
LIVE DARSHAN
In the present day pandemic situation, where the
Government of India and the Governments of the various states have been fighting the outbreak of the Covid 19, the Petitioners have suggested to the Shrine Board to have a Live Darshan of the
Lord Shri Amarnath Ji Shrine, which will reach crores of people.
This is more so when the entire country has been adopting an e- N platform, including the Courts. This will also enable the worship, pooja, and darshan to reach several people while they are in their houses.
SIMILAR YATRAS HAVE BEEN CANCELLED
It is pertinent to note that similar pilgrimages or Yatras to other holy places, like Kinner Kailash, etc. have been cancelled by the Government, owing to the pandemic situation. It is submitted that although the country is going into an unlock mode, it is essential for the authorities to tread carefully in that direction, so as to ensure that all that has been achieved in terms of containing the outbreak of the Covid 19 virus is not undone. It is in that spirit that the Petitioners has made a representation dated
22.04.2020 to the Shrine Board. Although the representatives of the Shrine Board had orally agreed to the suggestion made by the
Petitioner on 22.04.2020, they have taken a u-turn for reasons best known to them. It is submitted that this Hon’ble Court has passed directions for the restriction on the public participation in the case of the Shri Jagannath Yatra, which is held once in 12 years, and therefore, the present petition is being filed. It is O submitted the Shri Amarnath Yatra is an annual occurrence, and therefore the standards applied for the Shri Jagannath Yatra must be applied by this Hon’ble Court.
Hence the present writ petition under Article 32 of the
Constitution of India, for the enforcement of the right to public health and the rule of law, enshrined under Article 21 read with
Article 14 of the Constitution of India.
LIST OF DATES
Date Event
Nil The Petitioner No. 1 is Shri Amarnath
BarfaniLangarsOrganisation (SABLO), is a Non
Profit, Non Funded Association of Bhandara
Organizations, which are engaged in the rendering
of various services to the devotees and pilgrims for
the annual Shri Amarnath Yatra. The Petitioner
No. 2 is the General Secretary of the Petitioner No.
1.
The Petitioner – SABLO was formed in the year
2005, by the name Shri Amarnath P
BaltalLangarsOrganisation, was registered under the Societies Registration Act, 1860. Thereafter, in the year 2010 it was renamed as the Shri Amarnath
BarfaniLangarsOrganisation (SABLO). The aims and objectives of the Petitioner no. 1 are as under:
• To assist Shri Amarnath Shrine Board in the smooth conduct of the Shri Amarnath Yatra every year. • To render free food service to the pilgrims during the Shri Amarnath Yatra • To provide night shelter services to the pilgrims and to distribute blankets and first aid, and primary medical service to the Yatris • To highlight the problems being faced by the langar organization to the Shrine Board, State Government and concerned State agencies • To act as a bridge between the langar organization and Shrine Board • To assist langar organizations in completing the necessary formalities for obtaining permission letters and setting up of langars during the Amarnath Yatra • To assist the Shrine Board in maintaining Q
cleanliness in the valley during the Yatra by educating the people as well as the langar organizations towards the same • To generate awareness amongst the devotees/pilgrims regarding registration, the dos and donts, etc. to avoid mis happenings during the Yatra. For the last 15 years, the Petitioner No. 1 has been
engaged in various public service towards pilgrims
and devotees in terms of providing serving food,
distribution of blankets, night shelters, medical
camps, etc. and for facilitating the Shri Amarnath
Yatra year after year, without charging any money.
It is submitted that the Petitioner No. 1 is a direct
stakeholder in the conduct of the Shri Amarnath
Yatra. The Petitioner No. 2 is a citizen of India, and
the General Secretary of the Petitioner No. 1.
23.01.2020 The Additional Chief Executive Officer, Shrine
Board, sent out notices inviting offers for setting up
of free langar services for the upcoming Shri
Amarnath Yatra of 2020. A sample letter dated R
23.01.2020 sent by the Shrine Board to the Bhole
Bhandari Charitable Trust, a component of the
Petitioner No. 1 has been placed in the writ
petition as illustrative.
24.02.2020 The Petitioner submitted its application in
response to the aforementioned letter inviting
offers by the Shri Amarnathji Shrine Board on
24.02.2020.
24.03.2020 The Government of India imposed a national
lockdown in view of the Covid 19, to contain its
spread. The Ministry of Home Affairs issued a
notification under the National Disaster
Management Act imposing the national lockdown
by virtue of the Notification dated 24.03.2020.
22.04.2020 Since the country was encountering an
unprecedented situation and battling the spread of
the novel coronavirus, i.e. Covid 19, made a
representation to the Prime Minister of India as
well as the CEO, Shrine Board, to cancel the Shri S
Amarnath Ji Yatra for the public and pilgrims, and
to restrict the same, in view of the eminent
difficulties likely to be faced by the conduct of the
Yatra.
It is relevant to note that the Respondent No. 3 –
Shrine Board had initially decided on 22.04.2020 to
cancel the Shri Amarnath Yatra 2020 for
pilgrims/devotees, in order to not put them in the
harms way and to contain the Covid 19 virus.
However, within a few hours, the decision was
withdrawn. The said decision to cancel as well as
to withdraw the cancellation was widely reported
in the newspapers. It is submitted that today the
number of cases of Covid 19 in India is almost 5.5
lakhs. Therefore, it is submitted, there is no
rationale for the withdrawal of the cancellation of
the Yatra for the pilgrims.
29.05.2020 The Hon’ble Supreme Court of the United States,
in the case of South Bay United Pentacostal Church T
v. Gavin Newsom, 590 U.S. __ (2020), being
Application No. 19A1044, by its Order dated
29.05.2020, held by majority, that the Executive
Order issued by the Governor of California
restricting religious congregations was valid, and
the restrictions were in consonance with the Free
Exercise Clause of the First Amendment, as similar
restrictions had been imposed on all social
activities.
30.05.2020 The Ministry of Home Affairs, Government of
India, issued a notification dated 30.05.2020, by
which the process of unlocking the country has
begun. It is relevant to note that as per the
notification religious places and places of worship
were permitted to be opened. However, it is
submitted that special congregations like the Shri
Amarnath Yatra has not been taken into
consideration in the said notification.
07.06.2020 The Petitioner No. 1 again made a representation U
to the Shrine Board (Respondent No. 3) to not
conduct the Shri Amarnath Yatra, 2020, in view of
the prevailing circumstances, by a letter dated
07.06.2020.
15.06.2020 In response to a telephonic conversation of the
President of the Petitioner No. 1, with the CEO,
Shrine Board, the Petitioner No. 1 issued a letter
dated 15.06.2020, and gave a list some of the
Bhandaras/Langars at the various places.
22.06.2020 This Hon’ble Court by its Order dated 22.06.2020
in W.P. (C) No. 571 of 2020 being Odisha Vikash
Parishad v. Union of India, was pleased to issue
detailed directions to the Government of Odisha
and the Government of India for maintaining the
social distancing norms, etc. for the proper conduct
of the Shri Jagannath Yatra, 2020. It is relevant to
note that one of the considerations before this
Hon’ble Court was that the Shri Jagannath Yatra
was an occurrence which was once in 12 years. It is V
relevant to note that the Shri Amarnath Yatra is an
annual occurrence. The present petition is seeking
similar directions for the Shri Amarnath Yatra
2020.
26.06.2020 The Chief Executive Officer, Shrine Board began
issued permissions for the setting up of Bhandaras
at various places for the proposed Shri Amarnath
Yatra 2020. As an illustration, two such letters of
permissions dated 26.06.2020 have been annexed
herewith, which have been issued to the members
of the Petitioner No. 1.
28.06.2020 In view of the increasing numbers due to the
pandemic of Covid 19, and the order passed by
this Hon’ble Court in the case of Odisha
VikasParishad, the Petitioner No. 1 made a renewed
request for the restriction of public participation
and restriction in general on the Shri Amarnath
Yatra 2020 to the CEO, Shrine Board. However, the
same has been to no avail. W
29.06.2020 The Ministry of Home Affairs, Government of
India has again issued a notification dated
29.06.2020, for the unlkocking of the country.
However, it is submitted that even in the latest
notification large public gatherings have been
prohibited.
30.06.2020 Hence the present writ petition under Article 32 of
the Constitution of India, for the enforcement of
the right to public health and the rule of law,
enshrined under Article 21 read with Article 14 of
the Constitution of India.
1
IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2020
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF:
1. SHRI AMARNATH BARFANI LANGARS ORGANISATION (REGD.)
Through the General Secretary
Shri. Rajan Gupta …Petitioner No. 1 Having Registered Office at E-316, Phase IV-A, Focal Point, Ludhiana 141010, Punjab.
2. RAJAN GUPTA Office at E-316, Phase IV-A, Focal Point, Ludhiana 141010, Punjab. …Petitioner No. 2
AND
1. UNION OF INDIA Through Home Secretary, Ministry of Home Affairs, North Block, Central Secretariat, …Respondent No. 1 New Delhi – 110001.
2. UNION TERRITORY OF JAMMU AND KASHMIR Through Lt. Governor, 2
Gupkar Road, Srinagar-190001 …Respondent No. 2 Also at Raj Bhavan, Jammu, Jammu and Kashmir.
3. SHRI AMARNATHJI SHRINE BOARD Through the Chief Executive Officer, Raj Bhawan, Jammu, …Respondent No. 3 J&K
(all are contesting Respondents)
A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION
TO, HON’BLE THE CHIEF JUSTICE OF INDIA AND OTHER COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED
MOST RESPECTFULLY SHEWETH:
1. The Petitioners are constrained to move this Hon’ble Court by
way of the present writ petition under Article 32 of the
Constitution, inter alia, seeking a direction in the nature of a
mandamus to the Respondents, to restrict the entry of the 3
public for the annual Shri Amarnath Yatra for the year 2020,
in view of the outbreak of the Covid-19 pandemic, and in
view of the prevailing disaster situation as defined under the
National Disaster Management Act, 2005, and for the
enforcement of the fundamental rights under Articles 21 read
with Article 14 enshrined in Part III of the Constitution of
India.
2. The Petitioner No. 1 is Shri Amarnath Barfani Langars
Organisation (Regd.), is a Non Profit, Non Funded
Association of Bhandara Organizations, which are engaged in
the rendering of various services to the devotees and pilgrims
for the annual Shri Amarnath Yatra. The Petitioner No. 2 is
the General Secretary of the Petitioner No. 1.
3. The Respondent No. 1 is the Union of India, through the
Home Secretary, Ministry of Home Affairs, the Respondent
No. 2 is the Union Territory of Jammu and Kashmir, through
the Lieutenant Governor, and the Respondent No. 3 is the 4
Shri Amarnathji Shrine Board, through its Chief Executive
Officer.
4. The only question before this Hon’ble Court in the present
writ petition, is whether, in view of the pandemic situation
that is still prevailing in the country causing the normalcy of
life to have been affected, the Shri Amarnath Yatra for the
year 2020 should be restricted for public entry, in view of the
threat of public health, and in view of the outbreak of the
Covid 19 pandemic, and for the enforcement of the
fundamental rights under Articles 14 and 21 enshrined in Part
III of the Constitution. The present petition is seeking
directions to the Respondents similar to the ones issued by
this Hon’ble Court by Order dated 22.06.2020 in W.P. (C) No.
571 of 2020 being Odisha Vikash Parishad v. Union of India.
5. The present Petitioners only seek a restriction on the
participation of the devotees/pilgrims, in light of the
outbreak of the pandemic. It is further submitted that even
last year, 2019, after the Government of India revoked the 5 special status given to the erstwhile State of Jammu and
Kashmir, the movement of pilgrims and devotees was restricted, as a matter of security concern. Further, even now, as per the Government of India guidelines, there cannot be more than 50 people attending a marriage ceremony, and 20 people attending a funeral. This is primarily done to ensure that the outbreak of the pandemic is not furthered. Even applying these standards, it is submitted that the Petitioners seek restrictions to be imposed, and close the Yatra for devotees and pilgrims. More so, in the absence of proper transportation and lodging facilities, such pilgrims and devotees will be put to great hardship. Therefore, the present writ petition is being filed. Further, in the present day pandemic situation, where the Government of India and the
Governments of the various states have been fighting the outbreak of the Covid 19, the Petitioners have suggested to the Shrine Board to have a Live Darshan of the Lord Shri
Amarnath Ji Shrine, which will reach crores of people. This is more so when the entire country has been adopting an e- 6
platform, including the Courts. This will also enable the
worship, pooja, and darshan to reach several people while
they are in their houses.
6. The relevant facts necessary for the adjudication of the
present Writ Petition are as follows:
A. The Petitioner No. 1 is Shri Amarnath Barfani Langars
Organisation (SABLO), is a Non Profit, Non Funded
Association of Bhandara Organizations, which are
engaged in the rendering of various services to the
devotees and pilgrims for the annual Shri Amarnath
Yatra. The Petitioner No. 2 is the General Secretary of the
Petitioner No. 1. The Petitioner – SABLO was formed in
the year 2005, by the name Shri Amarnath Baltal Langars
Organisation, was registered under the Societies
Registration Act, 1860. Thereafter, in the year 2010 it was
renamed as the Shri Amarnath Barfani Langars
Organisation (SABLO). The aims and objectives of the
Petitioner no. 1 are as under: 7
• To assist Shri Amarnath Shrine Board in the smooth conduct of the Shri Amarnath Yatra every year.
• To render free food service to the pilgrims during the Shri Amarnath Yatra
• To provide night shelter services to the pilgrims and to distribute blankets and first aid, and primary medical service to the Yatris
• To highlight the problems being faced by the langar organization to the Shrine Board, State Government and concerned State agencies
• To act as a bridge between the langar organization and Shrine Board
• To assist langar organizations in completing the necessary formalities for obtaining permission letters and setting up of langars during the Amarnath Yatra
• To assist the Shrine Board in maintaining cleanliness in the valley during the Yatra by educating the people as well as the langar organizations towards the same
• To generate awareness amongst the devotees/pilgrims regarding registration, the dos and donts, etc. to avoid mis happenings during the Yatra. 8
For the last 15 years, the Petitioner No. 1 has been
engaged in various public service towards pilgrims and
devotees in terms of providing serving food,
distribution of blankets, night shelters, medical camps,
etc. and for facilitating the Shri Amarnath Yatra year
after year, without charging any money. It is submitted
that the Petitioner No. 1 is a direct stakeholder in the
conduct of the Shri Amarnath Yatra. The Petitioner No.
2 is a citizen of India, and the General Secretary of the
Petitioner No. 1.
A true copy of the Memorandum of Association of the
Petitioner No. 1 dated 18.05.2005 is annexed herewith
and marked as Annexure P/1 [Pages 33 to 45].
A true copy of the work done by the Petitioner No. 1 –
SABLO dated nil is annexed herewith and marked as
Annexure P/2 [Pages 46 to 50].
B. The Additional Chief Executive Officer, Shrine Board,
sent out notices inviting offers for setting up of free
langar services for the upcoming Shri Amarnath Yatra of 9
2020. A sample letter dated 23.01.2020 sent by the Shrine
Board to the Bhole Bhandari Charitable Trust, a
component of the Petitioner No. 1 has been placed in the
writ petition as illustrative. A true copy of the letter no.
SASB/2020/107 dated 23.01.2020 issued by the
Additional Chief Executive Officer, Shri Amarnathji
Shrine Board is annexed herewith and marked as
Annexure P/3 [Pages 51 to 54].
C. The Petitioner submitted its application in response to
the aforementioned letter inviting offers by the Shri
Amarnathji Shrine Board on 24.02.2020. A true copy of
the letter dated 24.02.2020 is annexed herewith and
marked as Annexure P/4 [Pages 55 to 64].
D. The Government of India imposed a national lockdown
in view of the Covid 19, to contain its spread. The
Ministry of Home Affairs issued a notification under the
National Disaster Management Act imposing the
national lockdown by virtue of the Notification dated
24.03.2020. A true copy of the notification dated 10
24.03.2020 issued by the Ministry of Home Affairs,
Government of India along with the annexure is annexed
herewith and marked as Annexure P/5 [Pages 65 to 71].
E. Since the country was encountering an unprecedented
situation and battling the spread of the novel
coronavirus, i.e. Covid 19, made a representation to the
Prime Minister of India as well as the CEO, Shrine Board,
to cancel the Shri Amarnath Ji Yatra for the public and
pilgrims, and to restrict the same, in view of the eminent
difficulties likely to be faced by the conduct of the Yatra.
A true copy of the letter dated 22.04.2020 by the
Petitioner No. 1 to the Prime Minister is annexed
herewith and marked as Annexure P/6 [Pages 72 to 74].
A true copy of the letter dated 22.04.2020 by the
Petitioner No. 1 to the Chairman, Shrine Board is
annexed herewith and marked as Annexure P/7 [Pages
75 to 77].
F. It is relevant to note that the Respondent No. 3 – Shrine
Board had initially decided on 22.04.2020 to cancel the 11
Shri Amarnath Yatra 2020 for pilgrims/devotees, in
order to not put them in the harms way and to contain
the Covid 19 virus. However, within a few hours, the
decision was withdrawn. The said decision to cancel as
well as to withdraw the cancellation was widely reported
in the newspapers. It is submitted that today the number
of cases of Covid 19 in India is almost 5.5 lakhs.
Therefore, it is submitted, there is no rationale for the
withdrawal of the cancellation of the Yatra for the
pilgrims.
G. The Hon’ble Supreme Court of the United States, in the
case of South Bay United Pentacostal Church v. Gavin
Newsom, 590 U.S. __ (2020), being Application No.
19A1044, by its Order dated 29.05.2020, held by majority,
that the Executive Order issued by the Governor of
California restricting religious congregations was valid,
and the restrictions were in consonance with the Free
Exercise Clause of the First Amendment, as similar
restrictions had been imposed on all social activities. A 12
true copy of the Order dated 29.05.2020 in South Bay
United Pentacostal Church v. Gavin Newsom, 590 U.S.
__ (2020), being Application No. 19A1044 is annexed
herewith and marked as Annexure P/8 [Pages 78 to 83].
H. The Ministry of Home Affairs, Government of India,
issued a notification dated 30.05.2020, by which the
process of unlocking the country has begun. It is relevant
to note that as per the notification religious places and
places of worship were permitted to be opened.
However, it is submitted that special congregations like
the Shri Amarnath Yatra has not been taken into
consideration in the said notification. A true copy of the
notification dated 30.05.2020 is annexed herewith and
marked as Annexure P/9 [Pages 84 to 91].
I. The Petitioner No. 1 again made a representation to the
Shrine Board (Respondent No. 3) to not conduct the Shri
Amarnath Yatra, 2020, in view of the prevailing
circumstances, by a letter dated 07.06.2020. A true copy 13
of the letter dated 07.06.2020 is annexed herewith and
marked as Annexure P/10 [Pages 92 to 96].
J. In response to a telephonic conversation of the President
of the Petitioner No. 1, with the CEO, Shrine Board, the
Petitioner No. 1 issued a letter dated 15.06.2020, and gave
a list of the Bhandaras/Langars at the various places. A
true copy of the letter dated 15.06.2020 by the Petitioner
No. 1 is annexed herewith and marked as Annexure P/11
[Pages 97 to 99].
K. This Hon’ble Court by its Order dated 22.06.2020 in W.P.
(C) No. 571 of 2020 being Odisha Vikash Parishad v. Union
of India, was pleased to issue detailed directions to the
Government of Odisha and the Government of India for
maintaining the social distancing norms, etc. for the
proper conduct of the Shri Jagannath Yatra, 2020. It is
relevant to note that one of the considerations before this
Hon’ble Court was that the Shri Jagannath Yatra was an
occurrence which was once in 12 years. It is relevant to
note that the Shri Amarnath Yatra is an annual 14
occurrence. The present petition is seeking similar
directions for the Shri Amarnath Yatra 2020. A true copy
of the Order dated 22.06.2020 in W.P. (C) No. 571 of 2020
passed by this Hon’ble Court is annexed herewith and
marked as Annexure P/12 [Pages 100 to 110].
L. It is relevant to note that the dates of the Shri Amarnath
Yatra 2020 have not yet been announced by the Shri
Amarnathji Shrine Board, and despite the same began
issued permissions for the setting up of Bhandaras at
various places for the proposed Shri Amarnath Yatra
2020. As an illustration, two such letters of permissions
dated 26.06.2020 have been annexed herewith, which
have been issued to the members of the Petitioner No. 1.
A true copy of the letter dated 26.06.2020 issued by the
Additional Chief Executive Officer is annexed herewith
and marked as Annexure P/13 [Pages 111 to 113]. A true
copy of the letter dated 26.06.2020 issued by the
Additional Chief Executive Officer is annexed herewith
and marked as Annexure P/14 [Pages 114 to 116]. 15
M. In view of the increasing numbers due to the pandemic
of Covid 19, and the order passed by this Hon’ble Court
in the case of Odisha Vikas Parishad, the Petitioner No. 1
made a renewed request for the restriction of public
participation and restriction in general on the Shri
Amarnath Yatra 2020 to the CEO, Shrine Board.
However, the same has been to no avail. A true copy of
the email dated 28.06.2020 issued by the Petitioner No. 1
is annexed herewith and marked as Annexure P/15
[Pages 117 to 119].
N. The Ministry of Home Affairs, Government of India has
again issued a notification dated 29.06.2020, for the
unlkocking of the country. However, it is submitted that
even in the latest notification large public gatherings
have been prohibited. A true copy of the notification
dated 29.06.2020 issued by the Ministry of Home Affairs
is annexed herewith and marked as Annexure P/16
[Pages 120 to 127]. 16
7. Hence the present writ petition under Article 32 of the
Constitution of India, for the enforcement of the right to
public health and the rule of law, enshrined under Article 21
read with Article 14 of the Constitution of India.
8. That the Petitioner has not filed any other Petition on the
same subject matter or seeking similar reliefs either in this
Hon’ble Court or any other Hon’ble High Courts except
this present petition.
9. That the Writ Petition has been filed without any delay or
latches and there is no legal bar in entertaining the same.
That the Petitioner has no other efficacious alternative
remedy except to file the present Writ Petition before this
Hon’ble Court by invoking Article 32 of the Constitution.
10. That the Annexures are true and correct copies of their
respective originals.
11. That in the circumstances mentioned hereinabove this Writ
Petition is being preferred by the Petitioner inter alia on the
following amongst other grounds without prejudice to each
other: 17
GROUNDS
A. FOR THAT the Shri Amarnath Yatra consists of several
poojas, and begins with the Chhari-Mubarak Pooja at the
Dashnami Akhara, Srinagar, and thereafter, the Mahantji
carries the holy mace to the shrine of Shri Amarnathji. The
Yatra also has, as per traditions, Bhoomi Pujan, Navgrah
Pujan and Dhawajarohan rituals. In all these rituals and
ceremonies, thousands of people participate every year.
However, this year, owing to the outbreak of the
pandemic, it is submitted that the entire pooja be restricted
only to the essential persons/trustees, etc., and not be open
to devotees and pilgrims. It is further submitted that the
present Petitioners only seek a restriction on the
participation of the devotees/pilgrims, in light of the
outbreak of the pandemic. It is further submitted that even
last year, 2019, after the Government of India revoked the
special status given to the erstwhile State of Jammu and
Kashmir, the movement of pilgrims and devotees was
restricted, as a matter of security concern. Further, even 18
now, as per the Government of India guidelines, there
cannot be more than 50 people attending a marriage
ceremony, and 20 people attending a funeral. This is
primarily done to ensure that the outbreak of the
pandemic is not furthered. Even applying these standards,
it is submitted that the Petitioners seek restrictions to be
imposed, and close the Yatra for devotees and pilgrims.
More so, in the absence of proper transportation and
lodging facilities, such pilgrims and devotees will be put to
great hardship.
B. FOR THAT the Petitioners submit that the right to
religious freedoms and all other allied fundamental rights
guaranteed under Article 25 are duly respected and enjoy
the due deference of the Petitioners. In fact, the Petitioners,
as has been afore stated, have actively facilitated the Shri
Amarnath Yatra for over 15 years, and provides for
facilities for the lakhs of devotees/pilgrims who annually
participate in the Yatra. It is submitted that Article 25 has
limitations placed within the article, and public health is 19
one of the limitations. It is submitted that while the case of
the Petitioners is not to limit the exercise of the right to
freedom of religion enshrined in Article 25, and seek the
cancellation of the religious ceremonies or other related
aspects of the worship of the Lord Shri Amarnath ji, it is
submitted that the present petition only seeks to limit the
ceremonies to only bare essential persons, and not keep it
open to the public at large.
C. FOR THAT it is submitted that the present situation is an
unprecedented situation, and the opening up of the Shri
Amarnath Yatra for devotees and pilgrims will cause to
put thousands of people are serious risk. Further, there is
absolutely no mechanism to maintain the norms of social
distancing or to track the contact that the
pilgrims/devotees come into, which are a serious concern
if the Shri Amarnath Yatra is not restricted. It is further
submitted that restrictions have been imposed in the past
due to security concerns, and in 2019, after the
Government of India revoked the special status given to 20
the erstwhile State of Jammu and Kashmir, the movement
of pilgrims and devotees was restricted. Therefore, it is not
unprecedented. It is further submitted that the Shri
Amarnath Yatra is an annual feature, unlike the Shri
Jagannath Yatra, and therefore, it is quintessential that the
issue of public health be considered by this Hon’ble Court.
This is more so when the pandemic is spreading like
wildfire in the cities.
D. FOR THAT the present matter brings to the fore the
conflict of the fundamental rights guaranteed under
Article 25 and Articles 21 read with 14. It is submitted that
this Hon’ble Court has time and again held that Article 21
includes the right to health. The present petition is based
on the fact that the current situation in the country is one
that is unprecedented, and the continuation of the Shri
Amarnath Yatra, and or participation of lakhs of devotees
and pilgrims will only fuel the fire of the pandemic. It is
submitted that the present writ petition is being filed in
view of the extraordinary situation. It is further submitted 21
that this Hon’ble Court in the case of Arjun Gopal v. Union
of India, (2019) 13 SCC 523, has held that while balancing
the rights between Article 21 and Articles 25/19(1)(g),
Article 21 would assume greater importance, as Article 21
is includes within itself the right to public health, while
harmonizing the said fundamental rights.
E. FOR THAT It is submitted that the world has been
inflicted with the unprecedented circumstance of the
spread of the novel Coronavirus, i.e. Covid 19. Due to the
outbreak of the pandemic, the Government of India and
those of various States have taken several laudable steps
over the last three months, to contain the outbreak. It is
submitted that the country is slowly moving towards
reopening and normalcy. Having a large religious
congregation, such as the Shri Amarnath Yatra will defeat
this purpose, and put to the risk of contracting several
thousand people. It is submitted that the protection of
public health is a fundamental consideration and a
bounden duty imposed on the State in terms of Article 21 22
read with Article 14. Therefore, it is submitted that this
Hon’ble Court consider this matter through the prism of
public health, and not through the prism of the right to
religion. Further more, the present petition does not seek
the complete ban on the conduct of the Shri Amarnath
Yatra or the religious ceremonies that are allied, but a
complete restriction on the public from participating in the
same. This will enable that the religious ceremonies that
are to be observed and the rituals that are to be conducted
in the worship of the Lord Shri Amarnath Ji are not
compromised, while ensuring that the social distancing
module prescribed by the Government of India to defeat
the Covid 19 pandemic are maintained. It is submitted that
the situation is not normal, and therefore extraordinary
means have to be adopted.
F. FOR THAT the present case is dealing with the right to
religion in a pandemic situation. This Hon’ble Court in the
case of Odisha Vikash Parishad (Supra.), has laid down
restrictions on the conduct of the Shri Jagganath Yatra this 23
year by its Order dated 22.06.2020. The present writ
petition is seeking a similar relief in restricting the worship
of Lord Shri Amarnath Ji, so that the same is not open to
the public at large this year. As aforementioned, this
Hon’ble Court, in Arjun Gopal, has held that the right to
health under Article 21 has preference than the right to
religion or the right to business.
G. FOR THAT it is relevant to note that apart from this
Hon’ble Court, the Hon’ble Supreme Court of the United
States has also passed a similar Order in the case of South
Bay United Pentacostal Church v. Gavin Newsom, 590 U.S.
__ (2020), Order dated 29th May 2020. In that case, the
Hon’ble Supreme Court of the United States was posed
with a question of whether the Governor of California’s
Executive Order restricting attendance at a place of
worship was violative of the religious freedoms enshrined
in the Constitution of the United States. By majority, the
Hon’ble Supreme Court of the United States held that the
Executive Order was valid, and the restrictions were in 24
consonance with the Free Exercise Clause of the First
Amendment, as similar restrictions had been imposed on
all social activities.
H. FOR THAT it is also relevant to note that this Hon’ble
Court in the case of In Re: Amarnath Shrine, (2013) 3 SCC
247 has noted that there was a need to balance the religious
tourism with the issues of general public interest and for
the protection of the environment and ecology as under
Article 21 read with Articles 14, 25, 27, 48A, 49, 51A, and
has issued detailed directions in accordance with the
recommendations of the Special High Powered Committee
(SHPC) appointed by this Hon’ble Court. Therefore, it is
submitted that this Hon’ble Court has interfered with the
functioning of the Shri Amarnath Shrine Board, on an
earlier occasion in view of the overarching public interest
involved. The present petition is seeking the enforcement
of the right to public health guaranteed by the Constitution
of India under Article 21 read with 14. 25
I. FOR THAT in the present day pandemic situation, where
the Government of India and the Governments of the
various states have been fighting the outbreak of the Covid
19, the Petitioners have suggested to the Shrine Board to
have a Live Darshan of the Lord Shri Amarnath Ji Shrine,
which will reach crores of people. This is more so when the
entire country has been adopting an e-platform, including
the Courts. This will also enable the worship, pooja, and
darshan to reach several people while they are in their
houses.
J. FOR THAT it is pertinent to note that similar pilgrimages
or Yatras to other holy places, like Kinner Kailash, etc.
have been cancelled by the Government, owing to the
pandemic situation. It is submitted that although the
country is going into an unlock mode, it is essential for the
authorities to tread carefully in that direction, so as to
ensure that all that has been achieved in terms of
containing the outbreak of the Covid 19 virus is not
undone. It is in that spirit that the Petitioners has made a 26
representation dated 22.04.2020 to the Shrine Board.
Although the representatives of the Shrine Board had
orally agreed to the suggestion made by the Petitioner on
22.04.2020, they have taken a u-turn for reasons best
known to them. It is submitted that this Hon’ble Court has
passed directions for the restriction on the public
participation in the case of the Shri Jagannath Yatra, which
is held once in 12 years, and therefore, the present petition
is being filed. It is submitted the Shri Amarnath Yatra is an
annual occurrence, and therefore the standards applied for
the Shri Jagannath Yatra must be applied by this Hon’ble
Court.
K. FOR THAT Due to the outbreak of the Covid 19 pandemic,
a national lockdown was imposed by the Government of
India, in an announcement made by the Prime Minister, on
24.03.2020. In view of the same, the Petitioners made a
request to the Respondent No. 3 on 22.04.2020, to not
conduct the Shri Amarnath Yatra for the year 2020, in view
of the pandemic. Further, it was stated that due to the 27 heavy volume of the pilgrims who visit, it would be impossible to implement the norms of social distancing at the Base Camps, Access Control Gates or the Holy Cave, as well as to monitor the outbreak of Covid 19 as is requisite.
Further, it was stated that in view of the current situation, it would be very difficult for the common public to have access to hotels, travel, etc. for the Yatra. However, in pursuance of the telephonic conversation, on 15.06.2020, the Petitioners gave a list of the proposed Bhandaras for the proposed Yatra, 2020. Thereafter, permissions for the
Bhandaras was granted by Respondent No. 3. However, in view of the Order dated 22.06.2020 in W.P. (C) No. 571 of
2020 being Odisha Vikash Parishad v. Union of India, passed by this Hon’ble Court, the Petitioners again made a representation/ request to the Respondent No. 3 to restrict the Shri Amarnath Yatra for the year 2020, and not permit the devotees and pilgrims for the Yatra by its letter dated
28.06.2020. However, there is no response. 28
L. FOR THAT it is further submitted that the present
Petitioners only seek a restriction on the participation of
the devotees/pilgrims, in light of the outbreak of the
pandemic. It is further submitted that even last year, 2019,
after the Government of India revoked the special status
given to the erstwhile State of Jammu and Kashmir, the
movement of pilgrims and devotees was restricted, as a
matter of security concern. Further, even now, as per the
Government of India guidelines, there cannot be more than
50 people attending a marriage ceremony, and 20 people
attending a funeral. This is primarily done to ensure that
the outbreak of the pandemic is not furthered. Even
applying these standards, it is submitted that the
Petitioners seek restrictions to be imposed, and close the
Yatra for devotees and pilgrims. More so, in the absence of
proper transportation and lodging facilities, such pilgrims
and devotees will be put to great hardship. Therefore, the
present writ petition is being filed.
29
12. The Petitioner craves leave of this Hon’ble Court to
amend/alter its grounds at appropriate stage, as and when
required.
PRAYER
In these facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:- a. Issue a writ/order/direction in the nature of a mandamus,
directing the Respondents to restrict the access of the general
public/devotees/pilgrims for the Shri Amarnath Yatra 2020,
in view of the outbreak of the Covid 19 pandemic; and/or b. Issue a writ/order/direction in the nature of a mandamus,
directing the Respondents to provide for live darshan of the
Lord Shri Amarnath Ji Shrine by way of the internet and the
television, so that there can be access to crores of people
across the country; and/or c. Pass such other order or direction as it deems fit in the facts
of the present case and in the interest of justice. 30
AND FOR THIS ACT OF KINDESS THE PETITIONER AS IN
DUTY BOUND SHALL EVER PRAY
DRAWN BY:
1. Mr. Pai Amit, Adv. on Record 2. Mr. Rahat Bansal, Adv. 3. Mr. Rajesh Inamdar, Adv.
FILED BY
PAI AMIT NEW DELHI ADVOCATE FOR THE PETITIONER FILED ON: 30.06.2020
ANNEXURE P/1 THE REGISTRAR UNDER SOCIETIES REGISTRATION ACT, 1860
SUB: Registration of Organisation known as Shri Amarnath Baltal Langars Organisation (SABLO), Ludhiana.
Sir,
The members of the organisation have decided to get the
Society registered from your goodself. The members are not related to each other nor the same has been registered earlier.
It is, therefore, requested to your goodself to register the society as per law.
Thanking You,
Yours faithfully,
Sd/- (Vijay Thakur) Applicant Shri Amarnath Baltal Langars Organisation Through its President 229, Mohalla Fatehganj, Samrala Road, Ludhiana.
MEMORANDUM OF SHRI AMARNATH BALTAL LANGARS ORGANISATION
1. NAME:
The name of the Organisation shall be ‘Shri Amarnath Baltal Langars Organisation (SABLO) and its head office shall be situated in Ludhiana.
2. LOCATION: 229, Mohalla Fatehganj, Samrala Road, Ludhiana.
3. AIMS & OBJECTS: The aims and objects of the Organisation are as under:- i) To make representations to Central, State, District, Local and other concerned authorities against statutory laws, notifications affecting Shri Amarnath Baltal Langars Organisation (SABLO) in general & its members and pilgrims in particular, if aggrieved to approach the court of law. ii) To coordinate between members of the Organisation and Central / State/ District / Local Govt. officials for maintaining & improving civic amenities and development of enroute Holy Cave including Baltal. iii) To issue circulars, magazines and other publications for the benefit of member Organisation & yatris / pilgrims. iv) To act as arbitrator in disputes between members of the Organisation and others. v) To organise seminars, conferences on subjects relating to Shri Amarnathji Yatra.
vi) To act for cleanliness, development & beautification of Baltal and enroute Holy Cave. vii) To acquire and maintain and manage movable & immovable property by the Organisation for public use. viii) To accept subscription in cash as decided by the SABLO keeping in view the expenditure of the organisation or kind from member Organisation irrespective of their caste, creed, colour or religion. ix) The Organisation shall remain a religious, non- political and non-profit making Organisation.
4. GOVERNING BODY: S.N. NAME, ADDRESS & AGE DESIG. SIGNA- OCCUPATION TURE
1. Sh. Vijay Kumar Thakur, s/o. 57 PRESIDENT Sd/- Sh. Nageshwar Singh, Sant Boot House, Talab Bazar, Malerkotla, Distt. Sangrur. Occupation : Business
2. Sh. Rajesh Bihari (Billa), s/o. 45 VICE Sd/- Sh. Rashid Behari, Shri Shiv PRESIDENT Shakti Sewa Mandal, Budlada. Occupation : Business.
3. Sh. Rajan Gupta, s/o. Sh. 46 GENERAL Sd/- Joginder Kumar, 49/14-E, SECRETARY Sandeep Nagar, Near Gulmor Hotel, Ludhiana-141001. Occupation : Business.
4. Sh. Bimal Kumar Singal, s/o. 51 CASHIER Sd/- Sh. Raghuwar Dayal Singhal, A-1/106, Sector 8, Rohini, New Delhi. Occupation : Business.
5. Sh. Rajan Kapoor, s/o. Sh. 30 SECRETARY Sd/- Dilbag Rai, 229, Mohalla Fatehganj, Samrala Road, Ludhiana. Occupation : Business.
6. Sh. Ram LOk Choudhary, 45 MEMBER Sd/- s/o. Sh. Achhru Ram, Shiv Gauri Sidh Sewa Mandal, Baddi, Distt. Solan, H.P.
7. Sh. Baldev Arora, s/o. Sh. 40 MEMBER Sd/- Kashmiri Lal, Shiv Traders, Near Old Sabzi Mandi, Masjid Mkt., Hanumangarh Town, Rajasthan. Occupation : Business
We the above persons whose names, address are given above are being desire to form Society under the provisions of the Society
Registration Act 1860, all members have signed above.
MEMBERS ARE IDENTIFIED BY
Sd/- Surinder K. Chawla Advocate Chamber No.125, 1st Floor, New Judicial Complex, Mini Secretariat, Ludhiana Ph. 5009125
RULES, REGULATIONS & CONSTITUTIONS
NAME OF ORGANISATION : Shri Amarnath Baltal Langars Organisation
HEAD OFFICE: 229, Mohalla Fatehganj, Samrala Road, Ludhiana.
RULES & REGULATIONS:
The following are the rules & regulations of the society:- 1. MEMBERSHIP: i) The membership of Shri Amarnath Baltal Langars Organisation (SABLO), 229, Mohalla Fatehganj, Samrala Road, Ludhiana, is open to every religious organisation (NGO’s) engaged in providing langar/bhandara, accommodation, medical facility or related with Shri Amarnathji Yatra. The Governing Body may reject any application for membership without assigning any reason and its decision shall be final and not challengeable in court of law. ii) Any eligible member Organisation can become a member by making an application for membership in the prescribed from duly recommended by any two members of the organisation along with admission and subscription fee as fixed by the Governing Body. iii) Any member whose subscription is in arrears shall not be entitled to any of the privileges or the services rendered by the Organisation nor shall be eligible to vote. If a member’s subscription is in arrears by the date fixed by the Governing Body he
may be removed from membership. In the event of a fresh application for membership, fresh admission fee with full arrears shall have to be paid.
2. GOVERNING BODY / EXECUTIVE COMMITTEE: The following honorary office bearers and executive members shall comprise the Governing Body / Executive Committee:- i) - President - Sr. Vice President - Vice President - General Secretary - Secretary - Cashier - Propaganda Secretary ii) Executive Members upto 1/4th of the total majority to be nominated by the President elect. iii) The President elect may invite Special Invitees for the Governing Body meetings. iv) All the office bearers and Executive members shall have one vote each. However, the President shall have a casting vote. The special invitees shall not have any voting right. v) Resolution in the Governing Body meeting shall be passed by majority vote. However, in the event of a tie, the President shall have casting vote.
DUTIES OF THE PRESIDENT: i) President will call & preside over the meeting. ii) President is empowered to frame a sub committee for the specific purpose relating to Shri Amarnathji Yatra. iii) The President of the society shall sign all relevant documents on behalf of the organisation. To do all other acts, things and deed which shall be deemed fit and proper in the circumstances and the decision of the President shall be final as may be decided from time to time.
DUTIES OF THE GENERAL SECRETARY: i) General Secretary will assist to the President for the smooth functioning of SABLO. ii) In the absence of President & Vice President, he will discharge the duties as assigned to the President. iii) In the Annual General Meeting, the General Secretary will submit the Accounts to the General Body.
DUTIES OF CASHIER: i) Cashier will maintain all the records relating to Accounts. ii) He will prepare the Annual Income & Expenditure Accounts statement and will submit to the General Secretary before the start of the Annual General Meeting for passing the same in the meeting.
3. QUORUM: i) The quorum for General House and Governing Body / Executive Committee meeting shall be 40% of the total members eligible to vote. ii) The quorum for General House and Governing Body / Executive Committee meeting is not complete within 30 minutes of the time announced, the meeting shall stand adjourned to the same day with one hour break to be held at the same place and no quorum shall be necessary for such an adjourned meeting.
4. ELECTION: i) The General House shall elect President by 30th April of after every three years. The President elect shall nominate Office bearers and executive members as mentioned at Clause 2 above for his term of three years. ii) The term of the first President Governing Body / Executive Committee shall expire on 30.04.2008.
5. ELECTION OF PATRON: The Executive Committee / governing body may elect two patron for the organisation. The term of patrons will continue and they shall work as Presiding Officers of Election of the organisation.
6. MANAGEMENT OF ORGANISATION: i) The management of the organisation vests in the Governing Body / Executive Committee which shall consist of an elected President with other nominated office bearers and Executive members as detailed in Clause two above, the working of the executive shall be regulated by itself and it shall lay down its own procedures. ii) The Executive Committee/Governing Body shall meet at least three times in a year. iii) The meeting of the Executive Committees/Governing Body may also be requisitioned by one third members of the Executive Committee/ Governing Body.
7. REQUISITION OF GENERAL HOUSE: i) Meeting of the General House shall be called atleast once a year by the President within a month from the close of financial year i.e. by 30th April, of every year for passing of accounts. ii) Meeting of the General House may also be requisitioned by at least 2/3rd members of the organisation, eligible to vote at any time.
8. ACCOUNTING YEAR: The financial and functional year of the organisation shall be financial year i.e. 1st April to 31st March of the succeeding year.
9. MAINTENANCE OF ACCOUNTS: Proper accounts shall be kept of all sums received and expended by the organisation and the matters in respect of which such receipt and expenditure take place and the assets and liabilities of the organisation subject to any reasonable restrictions that may be imposed in accordance with the regulations of the organisation. The accounts shall be open to inspection of the members. Once at least in every year the accounts of the organisation shall be passed in the General Body meeting. The account of the organisation shall be in the charge of the Cashier.
10. BANK ACCOUNT: Current / Saving Bank account in the name of the Organisation shall be opened in a scheduled bank approved by the Executive Committee / Governing Body and all the subscription and other dues shall be deposited in the bank. The cashier will keep cash upto Rs.10000/- for
the petty / contingency expenses. The account with the bank shall be operated upon jointly by any two of the following:- President, General Secretary & Cashier
11. EXPENDITURE FROM GENERAL FUNDS: The general funds of the organisation shall be spent on such purposes as in accordance with Registration of Societies Act 1860. Incase of a doubt whether a particular expense or expenses can be lawfully incurred and paid from the general fund, the matter shall be referred to the Registrar of Societies, Punjab and the Organisation shall abide by his decision.
12. MEMBERSHIP REGISTER: The Organisation shall maintain a register of members and the name, address and such other particulars as may be considered necessary concerning each member shall be recorded therein. The register shall remain open to inspect by any officer or member on any working day during the normal office hours of the Organisation, which shall be retained by the General Secretary.
13. REMOVAL OF MEMBERS: Any member would cease to be member of the Organisation under following condition: i) If activities are found detrimental to the interest of the organisation.
14. LIABILITY OF MEMBER: The liability of the member is limited.
15. APPLICATION OF THE SOCIETY’S ACT 1860: This constitution (Rules & Regulations) are subject to the provisions of the Registration of Societies Act 1860 and for any matter not specifically provided herein a provision in the said Act, if any, of that matter, shall apply mutatis mutandis.
16. VARIATION AND AMENDMENT OF RULES: i) Amendment and variation of the Rules and Regulations would be discussed and decided only in an extraordinary general meeting specifically announced for the purpose with at least 2 weeks’ prior notice, the quorum for such meeting shall be 2/3 of members of the Organisation entitled to vote rights and the amendment or variation shall be deemed to have been carried if 3/4th of the members present at the time of voting in favour of such an amendment. ii) Notice of change or changes in the rules shall be sent to the Registrar of Societies Punjab within 14 days of the date of the meeting at which the change or changes have been decided upon and the change and changes shall not have effect until the same have been registered and certified and a certificate of Registrar has been obtained from the Registrar of Societies.
20. PROVISION FOR DISSOLUTION OF ORGANISATION
Any member not less than three-fifth of the members of the Organisation eligible to vote, may determine that it shall be dissolved and there upon it shall be dissolved forthwith or at the time then agreed upon and all necessary steps shall be taken for the disposal and settlement of the property of the Organisation, its claims and liabilities, according to the rules of the said organisation applicable thereto, if any, and if not, then as the Executive Committee/ Governing Body shall find expedient, provided that in the event any dispute arising among the said Executive Committee/Governing Body, the adjustment of its affairs shall be referred to the Principal Court of original Civil Jurisdiction of the district in which the Chief building and assets of the Organisation is situated and the court shall make such order in the matter as it shall deem requisite.
In case of dissolution of the Trust for any reasons, excess of the assets over liabilities if any shall not be utilised for any personal benefits of the Trustees but would only be utilised for fulfilling aims and objectives of the Trust. That in the event of final dissolution of the Trust, the assets and liabilities would be passed on the same other Trusts, Institution and Bodies having similar aims and objects.
In witness whereas the parties hereto have signed this deed in the presence of the marginal witnesses on this 18th day of May, 2005. Sd/- Sd/- (RAJAN GUPTA) (VIJAY KUMAR THAKUR) GENERAL SECRETARY PRESIDENT Sd/-
Rajan Kapoor WITNESSES 1. Sd/- (OM PAL) 2. Sd/- (PRAVEEN KUMAR GOEL)
//TRUE COPY//
ANNEXURE P/2
Regarding Shri Amarnath Barfani Langars Organinsaiton (Regd.)
SHRI AMARNATH BARFANI LANGARS ORGANISATION (SABLO), registered under Societies Registration Act, 1860 in 2005 under the name and style of Shri Amarnath Baltal Langars Organisation looking after Baltal-Panchtarni-Holycave route. Thereafter in the year 2009-2010 on the request of NGO’s rendering services on the other route i.e.Nunwan, Pahalgam- Chandanwari route the name of the Society was changed to Shri Amarnath Barfani Langars Organisation and NGO’s rendering bhandara services were also taken as members by enlarging the area of operations from one route to both routes. SABLO is an Apex Body of various Bhandara Organisations, which are engaged in rendering philanthropic services of free food, distribution of blankets, night shelter facilities to the pilgrims on both the routes to the Holy Cave during Shri Amarnathji Yatra every year and acts as a bridge between SASB and Bhandara Organisations as well as Pilgrims (IMPORTANT STAKEHOLDERS). More importantly, our services are complimentary and supplementary to SASB and administration for the convenience of the yatris and smooth conduct of Yatra.
SABLO hold meetings with Chairman, CEO, Additional CEO and other officials of SASB every year and give constructive and valuable suggestions for the overall convenience of Yatris/Bhandarawallas, other stakeholders and for the smooth conduct of Yatra. Most of the times the terms and conditions for setting up of bhandara were settled after mutual discussions between the officials of SASB and delegation of SABLO. Many of our suggestions have been accepted and implemented by the SASB. SHRI AMARNATH BARFANI LANGARS ORGANISATION (SABLO) an Apex Association with more than hundred Bhandara Organisations as its members who are voluntarily providing FREE FOOD, FREE OF COST NIGHT SHELTER, and many other charitable services at base camps, Holy Shrine and various halting points on both the tracks to the Yatris during Amarnathji yatra since last several years
SHRI Amarnath Barfani Langars Organisation (SABLO) is a non profit, non funded socio religious association of bhandara organisations, which are engaged in rendering various services on both routes i.e. serving free food, distribution of blankets, night shelter, medical camps, ambulance, public address system, information and various other facilities to the yatris performing Shri Amarnathji Yatra pilgrimage every year on both the routes i.e. Nunwan/Pahalgam/ Chandanwari and Baltal/Domal. Shri Amarnath Barfani Langars Organisation (SABLO) plays a vital role in highlighting the problems being faced by yatris as well as Bhandara organisations with the shri Amarnath Shrine Board (SASB), Jammu & Kashmir State Government & other concerned departments in its endeavour to render better services to the pilgrims during Shri Amarnathji yatra. SABLO acts as a bridge between the langar organisations as well as the shrine board/state govt. of J&K. SABLO actively participate in the Swachhta Abhiyan mission. SABLO obtained the suggestions from the stake holders and give the suggestions to the SASB/State Govt. for its implementations at the grass root level before the start of the yatra.
ACHIEVEMENTS OF SABLO
FOR LANGAR ORGANISAIONS:
1. Waiver of Sanitation Charges: Waiver of Sanitation Charges of Rs. 15,000/- and Security (refundable) Rs.10,000/- being collected from each Langar Organisation by Shrine Board in the year 2010.
2. Collective submission of Applications: Collective submission of Applications for issue of Permissions Letters for setting up langars, obtaining of Permission Letters from SASB on behalf of Langar Organisations and distribution of the same Saving in expenses of individual NGO's, proper filing of applications and saving in other incidental expenses and time of Langar Organisations.
3. Reversal of Decision of SASB to shift all the Bhandaras in the base camp of Baltal on the pattern of Nunwan in the year 2010.
4. Supply of Essential items during yatra : Availability of LPG, Kerosene Oil, Sugar, Pulses, Flour, rice etc in adequate quantity during entire period of Yatra.
5. Issue of Domestic LPG refills instead of Commercial LPG refills: (Issue of Domestic LPG refills (Gas Cylinders) to Langar Organisations instead of Commercial Cylinder for running their Community Kitchen.
6. Power supply at Baltal and Domail: Electric Connections provided to Langar Organisations at Baltal and Domail at a very nominal charge resulting in HUGE savings in expenses of Bhandaras on DIESEL and resulting in Elimination of AIR AND NOISE POLLUTION.
7. Issue of Bills for purchase of Rations from Civil supply Deptt : Issue of Bill to the Langar NGOs for purchase of essential items from Ration Depots set up by Civil Supplies Department which were not earlier generally given.
8. Permission to purchase ration from any civil supply depot : Approval of procurement of essential items from Base camp for Langar Organisation at High Altitude i.e. Holy Cave, Sangam, Brarimarg, Panchtarni, Posh Pathri, Sheshnag, Babbal Top, Zojipal, Pissutop etc. Eliminating the barriers of District Headquarters applicable resulting in Saving in cost of running Community Kitchen.
9. Allotment of Same Langar site: Allotment of same site to Langar Organisations every year.
10. Environmental Protection: SABLO helped SASB in environmental protection by way distributing eco friendly carry bags to the Bhandaras as well to the pilgrims, setting up of mobile toilets for the convenience of the yatris during the Yatra which were inaugurated and launched by Sh. N. N. Vohra the then Governor cum Chairman of SASB. SABLO also contributed financially in the shape of Bank Demand Drafts to the Shrine Board for the protection and betterment of environment and ecology.
11. Website of SABLO: For the awareness of member langar organizations and Yatris, SABLO has got its own website which was inaugurated and launched by Sh. N. N. Vohra the then Governor cum Chairman of SASB.
12. Restoration of Respect of Bhandara Organisors.
13. Distribution of Permissions by Sh.R.K.Goel and Sh.Naveen K Chaudhry the then CEO’s, SASB respectively at SABLO meetings at Chandigarh and Ludhiana in the year 2011 and 2012.
14. Shifting of Office of SASB from Raj Bhawan to outside Raj Bhawan for the convenience of Bhandaras because it was very difficult for the members of SABLO to get entry into the Raj Bhawan for meeting the officials of SASB.
FOR YATRIS:
1. EARLY REGISTRATION: Commencement of early Registration of Yatris by Shrine Board so that people could make their travel arrangements conveniently well in time.
2. Increase in number of registration counters for the convenience of yatris: Increase in number of Registration of Yatris than in the past.
3. Improvement in infrastructure: Improvement, widening & fencing of yatra tracks of both yatra routes by effective representation to Shri AmarnathJi Shrine Board. On the persistent demand of SABLO the road from Rangamore to Baltal/Dumel was widened and interlocking tiles were fixed on a stretch in between.
4. Mobile Services: Mobile connectivity during the period of Yatra to the Pilgrims.
5. Increase in number of toilets: Increase in the number of toilets on the persistent demand of SABLO.
6. Delegation of SABLO participated in the meeting of members of SASB chaired by Governor Sahib in the month of July 2018 on the invitation of SASB and forcefully pressed/demanded for reducing the DURATION OF YATRA to ONE MONTH, which was appreciated by the members of SASB.
7. All Bhandara Organisers were facilitated and honoured by His Excellency the then Governor of J&K CUM Chairman, SASB for the 1st time on 07/03/2017.
8. Power Supply to Bhandaras at Holy Cave from SASB Gensets resulting in savings of huge expenditure on Diesel and lesser Air and Noise Pollution.
9. Duration of rendering Bhandara services at the choice of Organisation.
10. Reduction in Fares of Helicopter Tickets in Baltal /Neelgrath- Panjtarni Sector and in Pahalgam-Panjtarni Sector.
11. Amendments in Terms and Conditions
12. Shifting of Helipad from :
A. Holy Cave to Panjtarni
B. Baltal to Neelgrath, resulting in reducing the Congestion of Traffic in Baltal.
13. Convinced SASB to issue Revised Terms and Conditions in the year 2015
14. Chandanwari Camp was got reinstated.
15. Cluster for Stores/Godown of Bhandaras of Upper Camps at base camp, Baltal across the Iron Bridge.
16. Issuance of NOC on Single Window System with the efforts of SABLO.
17. Removal/Lifting of Garbage by SASB/Government Authorities
//True Copy//
Annexure P/3
Shri Amarnathji Shrine Board Chaitanya Ashram Talab Tillo, Jammu (Nov-April) Tele. 0191-2555662; Telefax: 0191-2503399 2nd Floor, Block-III, Engineering Complex, Raj Bagh, Srinagar Tele. 0194-2313146-47-48-49 (May-October) Email: [email protected]
Bhole Bhandari Charitable Trust, E-316, Phase IV-A, Focal Point, Ludhiana, Punjab.
No. SASB/2020/107 Dated: 23.01.2020
Subject:- Inviting offer for rendering free Langar Service during the Shri Amarnathji Yatra 2020.
Sir,
On behalf of Shri Amarnathji Shrine Board (SASB), we thank you once again for running a Langar Service at Panjtarni during Yatra 2019, which concluded on 15th August, 2019.
2. We have since commenced our preparations for Yatra
2020. In this context, we would like to ascertain your willingness to support the Shri Amarnathji Yatra 2020, by offering free
Langar Service.
3. If you are willing to set up Langar inside the Yatra area for
Yatra 2020, we would request you to provide us the following documents / information afresh, to enable us to timely issue the
Langar Permission to your Langar Organization (LO) for setting up Langar in the Yatra area for Yatra 2020, at the address mentioned above:
i) Name, full address and contact details of the Head of the LO. ii) A copy of Terms and Conditions for setting up the Langar duly signed and accepted by the President/ Chairman/ Secretary of the LO/ NGO. iii) A certified photocopy of the Registration Certificate of the NGO/ LO clearly showing the Date of Registration. iv) Objectives of the Organization as per its Bye-laws/ Memorandum of Association, along with a certified copy of the Bye-Laws. v) NoC obtained from the Camp Director(s) of the Camp(s) during Yatra 2019. vi) An affidavit by the President/ Chairman/ Secretary of the LO/ NGO that no criminal proceedings are lying against any member of the LO/ NGO in any Court/ Police Station / any other Statutory authority. 4. The following procedure shall be followed for granting
Langar Permissions in respect of Yatra 2020:
i) the LO will be given permission to set up only one Langar in the Yatra area even if it had set up two or more Langars in the past Yatras; ii) the LO may be granted permission to set up Langar at a location which may be different from the place at which it had set up Langar(s) during the past Yatras; iii) for the establishment of a Langar at a given location, Expression of Interest (EOI) would be invited from all those LOs who had established Langars at the
given location in the Yatra area during Yatra 2019 granting them 30 days to furnish a response to the CEO from the date of issue of EOI; iv) a Committee comprising Additional Chief Executive Officer and a Deputy CEO concerned shall scrutinize the responses received from the LOs; v) Langar Permission may be issued to an eligible LO for setting up its Langar in the Yatra area provided: a) the reply to the EOI is received within the stipulated time period; b) the documents/ reply to the EOI furnished by the LO are in order; c) no penalty/ disciplinary proceeding is pending against the applicant LO with SASB.
5. You are further requested to deposit a security amount of
Rs. 10,000 (Rs. Ten thousand only) in the form of an Account
Payee Demand Draft in favour of Shri Amarnathji Shrine Board.
In case you have not taken refund of the Security Deposit submitted in the previous Yatra or the deposit has not been forfeited to SASB, you are not required to deposit the security amount of Rs. 10,000 afresh and the amount already deposited shall be treated as Security Deposit for the ensuing Yatra.
6. Once the Permission Letter is sent to you for setting up
Langar service in the Yatra area for Yatra 2020, you are requested to submit the names, residential address, contact numbers, Police Verification Report as per enclosed format from the concerned Police authority, two passport size photographs and Compulsory Health Certificate (CHC) issued by the doctors/ institutes duly authorized to issue by the respective State
Government /UTs in respect of all the Cooks/Sewadars to be deployed by you preferably latest by 15th May, 2020 enabling us to timely issue the Photo Identity Cards and completing other formalities.
7. The Langar Organizations are requested to send their responses directly to this office by registered / speed post.
8. Please ensure that the response, along with a copy of
Terms and Conditions for setting up the Langar, duly signed and accepted by the President / Chairman / Secretary or the authorized person of the Organization, reaches us by 25th
February, 2020 latest.
Encl: i) Food Menu ii) Terms and Conditions iii) Police Verification Report Format along with copy of SOPs for Police Verification. iv) Format of CHC. Yours sincerely,
Sd/- (Anup Kumar Soni) IFS Additional Chief Executive Officer.
//True Copy//
Annexure P/4
Shri Amarnath Barfani Langars Organisation (SABLO) E-316, Phase IV-A, Focal Point, Ludhiana -141 010 (Punjab) Tel: +91-161-2670800 Fax: +91-161-2671830 Email: [email protected], [email protected] Website: www.sablo.org, www.amarnathyatrasablo.com
Vijay Thakur Rajan Gupta Amar Goyal President Gen. Secretary Fin. Secretary +91-9417500742 +91- 9872983800 +91- 9814403297
Ref. No.: SABLO/2020/2016/SASB/08 Dated: 24/02/2020
Sh. Bipul Pathak, I.A.S., Chief Executive Officer, Shri Amarnathji Shrine Board, Raj Bhawan, Jammu-180002. Ph. No. 0194-2468250-51 Fax : 0194-2501679/2501414 Email : ceo@shriamarnathjishrine com
Sub: PERMISSION FOR RENDERING VARIOUS SERVICES DURING SHRI AMARNATHJI YATRA 2020
Dear Sir,
We are enclosing herewith applications duly completed in all respects for grant of permissions for setting up of Bhandaras, Medical Camps & Public Address System during Shri Amarnathji Yatra 2020 as per the details given below :- i) Applications for grant of permission for setting up of Bhandaras for 70 (Seventy) NGOs as per Annexure- “A”. ii) Application for grant of permission for setting up of Medical Camp & Public Address System for 05 NGOs as per Annexure-“B”.
We suggest that Bye-Laws should not be insisted from those NGOs, who were granted permissions to setup
Bhandara & NOC issued to them in 2019, as it is implied and it is fact that Bye-Laws have been submitted many times with your good offices by them.
We are submitting the applications within the stipulated time, although our members have strong objections to the contents of EOI, especially Police
Verification and Affidavit from
President/Chairman/Secretary as well as certain clauses of
Terms & Conditions. Our members have expressed their inability in the meeting held at Zirakpur on 09/02/2020 to get police verification done due to various reasons as mentioned in our memorandum and the same was also discussed across the table with “Honorable L.G. Sahab” at
Jammu on 30.01.2020. But still, we are submitting the applications in the larger interest of Yatra to avoid delay in the process with the hope that the same shall be got rectified
& amended afterwards after reconsideration. Since our members are submitting the applications for grant of permission jointly (as was decided in the General Body
Meeting held on 09/02/2020), therefore, you are requested to handover the permissions collectively to us by hand or you can send all the permissions at the postal address of
SABLO.
We would like to inform you that we have been submitting the applications collectively in the past also and collecting the permission letters collectively all permission letters together.
In case you find any deficiency in any of the application, please inform so as to enable us to rectify the same.
It is pertinent to mention here that our members have signed and submit applications under protest.
Thanking You,
For Shri Amarnath Barfani Langars Organisation (SABLO)
Sd/- (VIJAY MEHRA) Joint Secretary +91 9803036007
ANNEXURE “A”
S. NAME STATION LOCATION No. 1. SHRI BARFANI AMRITSAR HOLY BABA JOGNIA CAVE MATA BHANDARA SAMITI
2. SHRI HAR HAR MANSA HOLY MAHADEV SEWA CAVE MANDAL
3. HAR HAR BUDHLADA HOLY MAHADEV SEWA CAVE DAL
4. SHRI AMARNATH SRIGANGA HOLY LANGAR SEWA NAGAR CAVE SAMITI
5. SHRI AMARNATH KURALI, HOLY BARFANI SEWA MOHALI CAVE DAL
6. SHRI AMARNATH KARNAL HOLY SEWAL MANDAL CAVE
7. SHRI SHIV KIRPA NEW DELHI HOLY SEWA MANDAL CAVE
8. SHIV BHOLA BATHINDA HOLY SHANKAR CAVE WELFARE CLUB
9. SHRI AMARNATH SHAHKOT HOLY YATRA LANGAR CAVE SEWA SAMITI
10. SHRI AMARNATH DELHI HOLY JI LANGAR SEWA CAVE SAMITI
11. JAI SHREE HAR BUDHLADA HOLY HAR MAHADEV CAVE
SEWA MANDAL
12. BABA AMARNATH MALOUT BALTAL SEWA DAL
13. LANGAR MALERKOTLA BALTAL COMMITTEE REGD
14. OM SHRI SHIV KARNAL BALTAL SHAKTI VAISHNO YUVA MANDAL
15. SHIV SHAKTI JAN DELHI BALTAL SEVA SANSTHA
16. SHIV SHAKTI BUDHLADA BALTAL SEWA MANDAL
17. SHRI BABA SHIV SUNAM BALTAL BHOLE LANGAL COMMITTEE
18. SHRI BHOLE MORADABAD BALTAL BHANDARI SEWA MANDAL
19. SHRI HANUMANT DELHI BALTAL SEWA SINGH
20. SHRI SHIV SEWA TOHANA BALTAL MANDAL TRUST
21. SHRI SHIV SHAKTI BUDHLADA BALTAL SEWA MANDAL
22. TRINETRA MALOUT BALTAL AMARNATH BARFANI SEWA MANDAL
23. TRINETRA SEWAK DELHI BALTAL SAMITI
24. SHIV SHAKTI MANAV BALLABH BALTAL SEWA DAL (REGD) GARH
25. SHIV BHAKTI SEWA NEW DELHI BALTAL
TRUST (REGD)
26. SHRI AMARNATH “B” JALANDHAR BALTAL TRUST
27. SHIV SEWA SANGH BARNALA BALTAL
28. OM SHIV SHAKTI DELHI BALTAL SEWA SADAN
29. SHRI MAHADEV BATALA BALTAL & SAMAJ SUDHAR DOMEL SABHA
30. HARI OM SEWA PATIALA BALTAL MANDAL SOCIETY DUMEL
31. OM SHIV SHANKAR LUDHIANA BRARI SEWA MANDAL MARG
32. SHIV LANGAR SAMANA BRARI COMMITTEE MARG
33. SHRIBABA KASHI VARANASI CHANDAN- VISHVANATH SEWA WARI SMITI
34. HAR HAR MHADEV ROHTAK CHANDAN- SEWA SAMITI WARI
35. SHRI AMARNATH SAMALKHA CHANDAN- SEWA SHAKTI WARI MANDAL
36. SHIVAM SEWA DELHI CHANDAN- SAMITI DELHI WARI
37. SHIV PARVATI SEWA CHANDIGARH DOMEL DAL
38. SHRI AMARNATH SIRSA, DOMEL SEWA SAMITI HARYA
39. SHRI AMARNATH ALIGARH DOMEL SHIV SHAKTI SEWA MANDAL
40. SHRI SHIV SHAKTI BUDAUN U.P. DOMEL
MANAV SEWA SAMITI
41. SHRI SHIV SHAMBHU MOUR MANDI DOMEL SEWA MANDAL
42. SHRI BARFANISHWAR LUCKNOW KELNAR MAHADEV SEWA SAMITI
43. SHRI AMARNATH SURATGARH KELNAR YATRA LANGAR SEWA SAMITI
44. NEEL KANTH BATHINDA PANJTARNI MAHADEV WELFARE TRUST
45. BHOLE BHANDARI PALWAL PANJTARNI AMARNATH SEWADAR SAMITI
46. PANCHTARNI LUDHIANA PANJTARNI AMARSHAKTI SAMITI
47. SHIV SEWA MANDAL FATEHABAD PANJTARNI TRUST
48. SHRI AMARNATH SIRHIND PANJTARNI BARFANI SEWA DAL
49. SHRI AMARNATH HANUMAN- PANJTARNI SEWA SMITI GARH
50. SHRI BABA LUCKNOW PANJTARNI AMARNATH BARFANI SEWA MANDAL
51. SHRI SHIV MANAV HASANPUR PANJTARNI SEWA SAMITI
52. BHOLE BHANDARI LUDHIANA PANJTARNI CHARITABLE TRUST
53. AMARNATH YATRA AMBALA PISSUTOP SEWA MANDAL
54. SHRI SHIV SHAKTI AGRA PISSUTOP AMARNATH SEWA SAMITI
55. SHREE MAHADEV BATHINDA POSHPATRI AMARNATH SEWA SAMITI 56. BABA AMAR NATH HOSHIARPUR POSHPATRI BARFANI SHIV SHAKTI BHANDARA SEWA SAMITI
57. SHIV SHAKTI JANHIT NEW DELHI RAILPATHRI SEWA DAL
58. SHRI OMNAMAH AMRITSAR SANGAM SHIVAY BHANDARA TOP SAMITY
59. BABA SHAHBAD SHESHNAG MARKANDESHWAR BARFANI SEA MANDAL
60. JAI SHIV SHANKAR BATHINDA SHESHNAG WELFARE TRUST
61. SHRI BABA SUNAM SHESHNAG AMARNATH LANGAR COMMITTEE
62. GOURI SHANKAR NEW DELHI SHESHNAG AMARNATH SEWA MANDAL
63. SHRI AMARNATH MEERUT SHESHNAG YATRI SEWA SAMITI
64. MAHADEV SEWADAR NEW DELHI WAVALTOP CHARITABLE SOCIETY
65. BARFANI SEWA DAL HOSHIARPUR ZOZIBAL
66. SHRI HARHAR NEW DELHI ZOZIBAL MAHADEV SEWA SAMITI
67. OM SHRI AMARNATH NEW DELHI ZOZIBAL SEWADAR SAMITI
68. SHRI SHIV SEWAKAR NEW DELHI ZOZIBAL DELHI
69. SHRI AMARNATH ASANDH ZOZIBAL SEWA SAMITI
70. SHIV GOURI SIDH BADDI DOMEL SEWA MANDAL
//True Copy//
ANNEXURE “B”
S. NAME SERVICES LOCATION No. 1. SHRI MAHADEV MEDICAL RAILPATHRI AMARNATH YATRI CAMP SEWAK SANGH, BATHINDA
2. JAI SHIV SHANKAR P. A. SHESHNAG WELFARE TRUST, SYSTEM BATHINDA
3. SHIV PARIVAR P. A. PANJTARNI LANGAR BHANDAR SYSTEM COMMITTEE, AJNALA
4. OM SHRI HAR HAR P. A. HOLYCAVE MAHADEV SEWA SYSTEM DAL, PANCHKULA
5. SHIV SEWA P. A. DOMEL MANDAL SAMITI, SYSTEM JAIPUR
//TRUE COPY// Annexure P/6
Shri Amarnath Barfani Langars Organisation (Regd.) (An Association of NGO’s Organising Langars during Shri Amarnathji Yatra) E-316, Phase IV-A, Focal Point, Ludhiana -141 010 (Punjab) email id : [email protected]
PRESIDENT GENERAL SECRETARY FINANCE SECRETARY Vijay Kumar Thakur Rajan Gupta Amar Goyal 98145-58335 98729-83800 98144-03297
Ref. No. SABLO/LDH/2020-21/SASB/PM Dated : 22.04.2020
Shri Narendra Modi, Honourable Prime Minister Of India, Primie Minister Office, New Delhi,
SUB: SUGGESTIONS FOR NOT CONDUCTING SHRI AMARNATHJI YATRA 2020 IN VIEW OF SPREAD OF COVID-19PANDEMIC IN THE BEST INTEREST OF YATRIS, OTHER STAKE HOLDERS AND ABOVE ALL NATION.
Respected Sir,
First of all, we on behalf of the members of SHRI AMARNATH BARFANI LANGARS ORGANISATION (SABLO) appreciate the timely action taken by the Honorable Prime Minister Sh. Narendra Modi in enforcing Lockdown in the whole country to contain the spread ofCOVID-19virusin India. As of now, India has been quite successful in order to contain the spread ofCOVID-1.
1.) SUGGESTION FOR NOT CONDUCTING SHRI AMARNATHJI YATRA 2020 In view of present Covid-19 Pandemic, the lockdown has been further extended upto 3rd of May, 2020 and there is great uncertainty about the future but in the most likelihood, it is expected to be extended further in India. We are of the strong view that it may not be possible to conduct Shri Amarnathji Yatra 2020because of social distancing advocated in the country. We are of the opinion that if the conditions stabilize and start improving, even then Yatra should not be conducted this year. It is pertinent to mention here that all important Religious Shrines like Shri Mata Vaishno Devi in J&K, Sai Baba Temple, Shirdi, Siddhi Vinayak Temple, Jagannath Temple Puri, Trumala Tirupati Devasthanam, Kamakhya Temple, Guwahati, ISKON Temple, Nathdwara Temple etc. have been closed to the devotees and even Kedarnath, Badrinath, Kailash Mansorover Yatra has been suspended. At present, the chances ofholding Shri AmarnathjiYatra also look bleak. You are very well aware that at present there are 77Red Zones areas out of which many may fall on the route of Shri Amarnathiji Yatra in Jammu and Kashmir UT.Ifat all, Yatrais conducted under prevailing circumstances, there is great threat of Community transfer of Corona Virus in Yatris and all other stakeholders like Poneywallas, Porters, Tentwallas, Shop keepers, Bhandara Organizers, their Sewadars, staff and officials of various departments of UT and Central Government, J&K Police, Security Personnel and other stake holders present. It won’t be practically feasible/possible to conduct the Yatra this year.
OUR APPREHENSIONS
A. First of all, it will be very to obtain CHC because the entire Doctors, Para Medical Staff and administration is busy fighting and containing Corona.
B. It will be highly risky for intending yatris to go for CHC as there are chances of getting infected with Corona Virus.
C. Maintaining social distancing during medical check up, registration as pilgrims in banks, during travel, at the Base Camps, Access Control Gates (ACG’s) upper camps on twin tracks and above all at Holy Cave and of course in Tents and Bhandaras.
D. Yatris will face great difficulties in getting booking of Hotels, Railways, Road, and Air Travels.
E. High risk of spread of Corona Virus at every stage.
2.) SUGGESTION FOR HOLDING AN EMERGENCY MEETING OF SASB TO RECONSIDER THE DECISION OF CONDUCTING SHRI AMARNATHJI YATRA 2020 We strongly suggest that you may please issue necessary directions to Shrine Board to call an Emergency meeting of Board members if necessary, through video conferencing, reconsider and take urgent decision regarding not conducting Shri Amarnathji Yatra this year immediately for convenience of all the stake holders, in the larger interest of Shiv Bhagats (Yatris) the entire Nation and for the convenience of Yatris and put all the speculations to rest.
3.) PERFORMANCE OF RITUALS, PUJA & AARTI ETC AT HOLY CAVE. In case, Yatra is suspended due to COVID 19,itis suggested that all the rituals including daily Aarti (If possible) at the Holy Cave related to Yatra be performed and completed by taking some representatives from Shrine Board, Pujarais, Mahants, Sadhus who already perform such duties every year prior to/at the time of commencement and culmination of the Yatra every year.
4.) BHANDARA ORGANISATIONS READY TO RENDER THE SERVICES However, we would like to make it very clear that if the Shrine Board still decides to go on with the conduct of Shri Amarnathji Yatra this year, our Bhandara Organisations are ready to render Langar services during the Yatra period as usual for the convenience of pilgrims.
5.) SUGGESTION FOR MAKING ARRANGEMENTS FOR LIVE DARSHANS FOR SHIV BHAGATS We strongly suggest that if possible, arrangements should be made for providing the facility of Live darshan / Aarti of Holy Shiv/Ice lingam at Holy Cave to the Shiv Bhagats by making arrangements with some Religious Channels of Electronic media like MH1 etc as is being done at Shri Mata Vaishno Devi Shrine. Moreover, we have reliably come to know that it has been decided by the managements /Government to provide live Darshans of Holy Badrinath Ji & Kedarnath Ji this year. In the alternative, they may be provided through website of SASB or by developing some application (App).
Lastly, we once again would like to inform you that we are very much concerned by the havoc created by Covid-19in India and loss of precious human lives allover the world and pray to the Almighty Shiv Shankar Bhole Nath JI for the quick disappearance of this deadly disease and normalcy and peace returns all over the Globe quickly.
Keeping in view the above stated facts and circumstances, you are requested to call an Emergency meeting of SASB and consider the above suggestions seriously in the board meeting.
Hoping for an early consideration, decision and information.
Thanking you.
Yours truly, for Shri Amarnath Barfani Langars Organisation (SABLO)
(RAJAN GUPTA) GENERAL SECRETARY 9872983800
CC :Shri Amit Shah, Honourable Home Minister Of India for info & n/a.
//True Copy// Annexure P/7
ShriAmarnathBarfani Langars Organisation (Regd.) (An Association of NGO’s Organising Langars during Shri Amarnathji Yatra) E-316, Phase IV-A, Focal Point, Ludhiana -141 010 (Punjab) email id : [email protected]
PRESIDENT GENERAL SECRETARY FINANCE SECRETARY Vijay Kumar Thakur Rajan Gupta Amar Goyal 98145-58335 98729-83800 98144-03297
Ref. No. SABLO/LDH/2020-21/SASB Dated : 22.04.2020
Shri Girish Chandra Murmu, Lieutenant Governor ofJ&Kcum Chairman, Shri Amarnathji Shrine Board (SASB) Raj Bhawan, JAMMU.
SUB: SUGGESTIONS FOR NOT CONDUCTING SHRIAMARNATHJI YATRA 2020 IN VIEW OF SPREAD OF COVID-19PANDEMIC IN THE BEST INTEREST OF YATRIS, OTHER STAKE HOLDERS AND ABOVE ALL NATION.
RespectedSir,
First of all, we on behalf of the members of SHRI AMARNATH BARFANI LANGARS ORGANISATION (SABLO) appreciate the timely action taken by the Honorable Prime Minister Sh. Narendra Modi in enforcing Lockdown in the whole country to contain the spread ofCOVID-19virusin India. As of now, India has been quite successful in order to contain the spread ofCOVID-1.
1.) SUGGESTION FOR NOT CONDUCTING SHRI AMARNATHJI YATRA 2020 In view of present Covid-19 Pandemic, the lockdown has been further extended upto 3rd of May, 2020 and there is great uncertainty about the future but in the most likelihood, it is expected to be extended further in India. We are of the strong view that it may not be possible to conduct Shri AmarnathjiYatra 2020because ofsocial distancing advocated in the country. We are of the opinion that if the conditions stabilize and start improving, even then Yatra should not be conducted this year. It is pertinent to mention here that all important Religious Shrines like Shri Mata Vaishno Devi in J&K, Sai Baba Temple, Shirdi, Siddhi Vinayak Temple, Jagannath Temple Puri, Trumala Tirupati Devasthanam, Kamakhya Temple, Guwahati, ISKON Temple, Nath dwara Temple etc. have been closed to the devotees and even Kedarnath, Badrinath, Kailash Mansorover Yatra has been suspended. At present, the chances of holding Shri Amarnathji Yatra also lookbleak. You are very well aware that at present there are 77Red Zones areas out of which many may fall on the route of Shri Amarnathiji Yatra in Jammu and Kashmir UT. If at all, Yatrais conducted under prevailing circumstances, there is great threat of Community transfer of Corona Virus in Yatris and all other stakeholders like Poneywallas,
Page 1 of 3 Porters, Tentwallas, Shop keepers, Bhandara Organizers, their Sewadars, staff and officials of various departments of UT and Central Government, J&K Police, Security Personnel and other stake holders present. It won’t be practically feasible/possible to conduct the Yatra this year.
OUR APPREHENSIONS
A. First of all, it will be very to obtain CHC because the entire Doctors, Para Medical Staff and administration is busy fighting and containing Corona.
B. It will be highly risky for intending yatris to go for CHC as there are chances of getting infected with Corona Virus.
C. Maintaining social distancing during medical check up, registration as pilgrims in banks, during travel, at the Base Camps, Access Control Gates (ACG’s) upper camps on twin tracks and above all at Holy Cave and of course in Tents and Bhandaras.
D. Yatris will face great difficulties in getting booking of Hotels, Railways, Road, and Air Travels.
E. High risk of spread of Corona Virus at every stage.
2.) SUGGESTION FOR HOLDING AN EMERGENCY MEETING OF SASB TO RECONSIDER THE DECISION OF CONDUCTING SHRI AMARNATHJI YATRA 2020 We strongly suggest that Shrine Board should call an Emergency meeting of Board members, reconsider and take urgent decision regarding not conducting Shri Amarnathji Yatra this year immediately for convenience of all the stake holders, in the larger interest of Shiv Bhagats (Yatris) the entire Nation and for the convenience of Yatris and put all the speculations to rest.
3.) PERFORMANCE OF RITUALS, PUJA & AARTI ETC AT HOLY CAVE. In case, Yatra is suspended due to COVID 19,it is suggested that all the rituals including daily Aarti (If possible) at the Holy Cave related to Yatra be performed and completed by taking some representatives from Shrine Board,Pujarais, Mahants, Sadhus who already perform such duties every year prior to/at the time of commencement and culmination of the Yatra every year.
4.) BHANDARA ORGANISATIONS READY TO RENDER THE SERVICES However, we would like to make it very clear that if the Shrine Board still decides to go on with the conduct of Shri Amarnathji Yatra this year, our Bhandara Organisations are ready to render Langar services during the Yatra periodas usual for the convenience of pilgrims.
5.) SUGGESTION FOR MAKING ARRANGEMENTS FOR LIVE DARSHANS FOR SHIV BHAGATS
Page 2 of 3 We strongly suggest that if possible, arrangements should be made for providing the facility of Live darshan / Aarti of Holy Shiv/Ice lingam at Holy Cave to the Shiv Bhagats by making arrangements with some Religious Channels of Electronic media like MH1 etc as is being done at Shri Mata Vaishno Devi Shrine. Moreover, we have reliably come to know that it has been decided by the managements /Government to provide live Darshans of Holy Badrinath Ji & Kedarnath Ji this year. In the alternative, they may be provided through website of SASB or by developing some application (App).
Lastly, we once again would like to inform you that we arevery much concerned by the havoc created by Covid-19in India and loss of precious human lives all over the world and pray to the Almighty Shiv Shankar Bhole Nath JI for the quick disappearance of this deadly disease and normalcy and peace returns all over the Globe quickly.
Keeping in view the above stated facts and circumstances, you are requested to call an Emergency meeting of SASB and consider the above suggestions seriously in the board meeting.
Hoping for an early consideration, decision and information.
Thanking you.
Yours truly, for Shri Amarnath Barfani Langars Organisation (SABLO)
(RAJAN GUPTA) GENERAL SECRETARY 9872983800
//True Copy//
Page 3 of 3
Cite as: 590 U. S. ____ (2020) 1
ROBERTS, C. J., concurring SUPREME COURT OF THE UNITED STATES ______No. 19A1044 ______SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL. v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET AL.
ON APPLICATION FOR INJUNCTIVE RELIEF [May 29, 2020]
The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would grant the application. CHIEF JUSTICE ROBERTS, concurring in denial of applica- tion for injunctive relief. The Governor of California’s Executive Order aims to limit the spread of COVID–19, a novel severe acute respir- atory illness that has killed thousands of people in Califor- nia and more than 100,000 nationwide. At this time, there is no known cure, no effective treatment, and no vaccine. Because people may be infected but asymptomatic, they may unwittingly infect others. The Order places temporary numerical restrictions on public gatherings to address this extraordinary health emergency. State guidelines cur- rently limit attendance at places of worship to 25% of build- ing capacity or a maximum of 100 attendees. Applicants seek to enjoin enforcement of the Order. “Such a request demands a significantly higher justification than a request for a stay because, unlike a stay, an injunc- tion does not simply suspend judicial alteration of the sta- tus quo but grants judicial intervention that has been with- held by lower courts.” Respect Maine PAC v. McKee, 562 U. S. 996 (2010) (internal quotation marks omitted). This
2 SOUTH BAY UNITED PENTECOSTAL CHURCH v. NEWSOM
ROBERTS, C. J., concurring power is used where “the legal rights at issue are indisput- ably clear” and, even then, “sparingly and only in the most critical and exigent circumstances.” S. Shapiro, K. Geller, T. Bishop, E. Hartnett & D. Himmelfarb, Supreme Court Practice §17.4, p. 17-9 (11th ed. 2019) (internal quotation marks omitted) (collecting cases). Although California’s guidelines place restrictions on places of worship, those restrictions appear consistent with the Free Exercise Clause of the First Amendment. Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended pe- riods of time. And the Order exempts or treats more leni- ently only dissimilar activities, such as operating grocery stores, banks, and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods. The precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact-intensive matter subject to reasonable disagreement. Our Constitution principally entrusts “[t]he safety and the health of the people” to the politically ac- countable officials of the States “to guard and protect.” Ja- cobson v. Massachusetts, 197 U. S. 11, 38 (1905). When those officials “undertake[ ] to act in areas fraught with medical and scientific uncertainties,” their latitude “must be especially broad.” Marshall v. United States, 414 U. S. 417, 427 (1974). Where those broad limits are not exceeded, they should not be subject to second-guessing by an “une- lected federal judiciary,” which lacks the background, com- petence, and expertise to assess public health and is not ac- countable to the people. See Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528, 545 (1985). That is especially true where, as here, a party seeks
Cite as: 590 U. S. ____ (2020) 3
ROBERTS, C. J., concurring emergency relief in an interlocutory posture, while local of- ficials are actively shaping their response to changing facts on the ground. The notion that it is “indisputably clear” that the Government’s limitations are unconstitutional seems quite improbable.
Cite as: 590 U. S. ____ (2020) 1
KAVANAUGH, J., dissenting SUPREME COURT OF THE UNITED STATES ______No. 19A1044 ______SOUTH BAY UNITED PENTECOSTAL CHURCH, ET AL. v. GAVIN NEWSOM, GOVERNOR OF CALIFORNIA, ET AL.
ON APPLICATION FOR INJUNCTIVE RELIEF [May 29, 2020]
JUSTICE KAVANAUGH, with whom JUSTICE THOMAS and JUSTICE GORSUCH join, dissenting from denial of applica- tion for injunctive relief. I would grant the Church’s requested temporary injunc- tion because California’s latest safety guidelines discrimi- nate against places of worship and in favor of comparable secular businesses. Such discrimination violates the First Amendment. In response to the COVID–19 health crisis, California has now limited attendance at religious worship services to 25% of building capacity or 100 attendees, whichever is lower. The basic constitutional problem is that comparable secular businesses are not subject to a 25% occupancy cap, includ- ing factories, offices, supermarkets, restaurants, retail stores, pharmacies, shopping malls, pet grooming shops, bookstores, florists, hair salons, and cannabis dispensaries. South Bay United Pentecostal Church has applied for temporary injunctive relief from California’s 25% occu- pancy cap on religious worship services. Importantly, the Church is willing to abide by the State’s rules that apply to comparable secular businesses, including the rules regard- ing social distancing and hygiene. But the Church objects to a 25% occupancy cap that is imposed on religious worship services but not imposed on those comparable secular busi- nesses.
2 SOUTH BAY UNITED PENTECOSTAL CHURCH v. NEWSOM
KAVANAUGH, J., dissenting In my view, California’s discrimination against religious worship services contravenes the Constitution. As a gen- eral matter, the “government may not use religion as a ba- sis of classification for the imposition of duties, penalties, privileges or benefits.” McDaniel v. Paty, 435 U. S. 618, 639 (1978) (Brennan, J., concurring in judgment). This Court has stated that discrimination against religion is “odious to our Constitution.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U. S. ___, ___ (2017) (slip op., at 15); see also, e.g., Good News Club v. Milford Central School, 533 U. S. 98 (2001); Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819 (1995); Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520 (1993); Lamb’s Chapel v. Cen- ter Moriches Union Free School Dist., 508 U. S. 384 (1993); McDaniel, 435 U. S. 618. To justify its discriminatory treatment of religious wor- ship services, California must show that its rules are “jus- tified by a compelling governmental interest” and “nar- rowly tailored to advance that interest.” Lukumi, 508 U. S., at 531–532. California undoubtedly has a compelling inter- est in combating the spread of COVID–19 and protecting the health of its citizens. But “restrictions inexplicably ap- plied to one group and exempted from another do little to further these goals and do much to burden religious free- dom.” Roberts v. Neace, 958 F. 3d 409, 414 (CA6 2020) (per curiam). What California needs is a compelling justifi- cation for distinguishing between (i) religious worship ser- vices and (ii) the litany of other secular businesses that are not subject to an occupancy cap. California has not shown such a justification. The Church has agreed to abide by the State’s rules that apply to comparable secular businesses. That raises important questions: “Assuming all of the same precautions are taken, why can someone safely walk down a grocery store aisle but not a pew? And why can someone safely interact with a brave deliverywoman but not with a stoic minister?” Ibid.
Cite as: 590 U. S. ____ (2020) 3
KAVANAUGH, J., dissenting The Church and its congregants simply want to be treated equally to comparable secular businesses. Califor- nia already trusts its residents and any number of busi- nesses to adhere to proper social distancing and hygiene practices. The State cannot “assume the worst when people go to worship but assume the best when people go to work or go about the rest of their daily lives in permitted social settings.” Ibid. California has ample options that would allow it to com- bat the spread of COVID–19 without discriminating against religion. The State could “insist that the congre- gants adhere to social-distancing and other health require- ments and leave it at that—just as the Governor has done for comparable secular activities.” Id., at 415. Or alterna- tively, the State could impose reasonable occupancy caps across the board. But absent a compelling justification (which the State has not offered), the State may not take a looser approach with, say, supermarkets, restaurants, fac- tories, and offices while imposing stricter requirements on places of worship. The State also has substantial room to draw lines, espe- cially in an emergency. But as relevant here, the Constitu- tion imposes one key restriction on that line-drawing: The State may not discriminate against religion. In sum, California’s 25% occupancy cap on religious wor- ship services indisputably discriminates against religion, and such discrimination violates the First Amendment. See Ohio Citizens for Responsible Energy, Inc. v. NRC, 479 U. S. 1312 (1986) (Scalia, J., in chambers). The Church would suffer irreparable harm from not being able to hold services on Pentecost Sunday in a way that comparable secular busi- nesses and persons can conduct their activities. I would therefore grant the Church’s request for a temporary in- junction. I respectfully dissent. Annexure P/10
Shri Amarnath Barfani Langars Organisation (Regd.) (An Association of NGO’s Organising Langars during Shri Amarnathji Yatra) E-316, Phase IV-A, Focal Point, Ludhiana -141 010 (Punjab) email id : [email protected]
PRESIDENT GENERAL SECRETARY FINANCE SECRETARY Vijay Kumar Thakur Rajan Gupta Amar Goyal 98145-58335 98729-83800 98144-03297
Ref. No. SABLO/LDH/2020-21/SASB Dated :07.06.2020
The Chief Executive Officer, Shri Amarnath Ji Shrine Board, JAMMU ( J & K )
REG:CONDUCTING OF SHRI AMARNATH JI YATRA 2020 AMID COVID-19 PANDEMIC
Respected Sir,
During the last full-fledged meeting of legally constituted and completely autonomous body to look after the welfare and making necessary arrangements for the convenience of Yatris i.e. Shri Amarnathji Shrine Board held on 22.04.2020. As suggested by our organization, it was unanimously decided not to conduct Shri Amarnathji Yatra 2020 after discussing various issues, particularly, the increasing number of Red Zones on the way and spread of Corona Virus / COVID - 19 Pandemic in J&K. A press release was also issued in this regard.But for the reasons best known to the Shrine Board within span of less than half an hour, Shrine Board took a complete U-Turn on this decision and withdrew the said Press Release and intimated to the media that a final decision will be taken on conducting Yatra 2020 after reviewing Covid-19 situation in coming days. SABLO, an apex body of the Langar Organisations under its Banner was ready to set up Bhandaras at designated sites in case Shrine Board still decides and plans to conduct Amarnath ji Yatra under prevailing COVID-19 pandemic. However, SABLO at the same time had raised many apprehensions that such a decision on the part of Shrine Board will not at all be good for the Yatris, Administration, Bhandaras wallahs and other stake holders like J&K Police, Security forces, labourers, Ponnywallahs, Porters, Palki wallahs, Tent wallahs, shop keepers, staff of SASB etc. and will put the lives of all into danger and will also create additional problem for all the stake holders to render their services under this dangerous situation in the country, particularly in J&K.
We have recently come across news through social, print and electronic media that Shrine Board is contemplating to Conduct Shri Amarnathji Yatra from 21st of July to 3rd of August, 2020 for a short period of two weeks. Even if Shrine Board take such a decision, we once again assure your goodself that our member Bhandara Organisations shall be ready to render services as in the past on the permission and instructions of Shrine Board, provided sufficient time is given to them for making necessary arrangements. We would like to confirm here that we are devoted and committed for the conduct of Yatra in the congenial circumstances. But for the safety and security of Yatris in particular and all
Page 1 of 5 other stakeholders (as stated above) in general, we once again like to apprise our strong apprehensions about difficulties and grave threat involved in conducting Shri Amarnath Ji Yatra, 2020 amid COVID-19 pandemic on the following grounds: We have reliably come to know that SASB is scheduled to review the conduct of yatra in mid june.
1. HIGH RISK OF COMMUNITY SPREAD OF CORONA VIRUS: If Yatra is conducted under prevailing circumstances there is a great challenge and threat of community transfer/spread of Corona Virus inYatris and all other stakeholders like poney wallas, porters, Tent wallas, shop keepers, Bhandara Organisations, their sewadars, staff and officials of various departments of UT and Central government, J & K Police, Security Personnel and other stake holders present.
2. COMPULSORY HEALTH CERTIFICATE (CHC):The Doctors of the Government Hospitals which are authorized to issue CHC to the Yatris are already over burdened and stressed in fighting COVID-19 pandemic.Under this situation it will be very difficult to get Compulsory Health Certificate from designated Doctors. In case they perform this duty, the fight against COVID 19 will be affected and compromised.
3. HIGH RISK OF GETTING INFECTED: It will be highly risky for the intending Yatris to go for CHC, registration and during the entire period of transit to and fro from their destination to Holy Cave, as there are chances of getting infected with Corona Virus.
4. SOCIAL DISTANCING: Maintaining social distancing during the medical checkup, registration as pilgrims in banks, during travel, atbase camps, Access Control Gates (ACGs) Upper Camps on tracks and above all at Holy Cave and of course in tents and Bhandaras will be practically extremely difficult, if not impossible.
5. TRANSPORT/TRAVELLING ARRANGEMENTS: As on date the entire passenger transport sectori.e Air, Rail, Bus travel are almost in operational and now though Government is trying to resume the services but still there is large number of cancellations of Flights and it is feared that mode of transportation will not regain its normalcy in the coming one and a half month and the chances of pilgrim getting infected are very high during transit starting from base camp at Jammu to Pahalgam and Baltal.
6. DIFFICULTIES IN STAY ARRANGEMENTS IN HOTELS ETC: In view of uncertainty of means of transportation , Yatris will face great difficulties in getting booking of Hotels, Railways, Road and Air travel.
7. SAFETY AND SECURITY OF YATRIS AND OTHER STAKEHOLDERS: The government has recently said that around 20,000 healthcare professionals and 30,000 police and paramilitary personnel were working to contain the spread of corona virus and their availability is also to be ascertained for the conduct of the yatra. It also raises concerns if they will put to work/deputed for yatra, this will result in compromise with the fight against COVID-19 and if not, then it compromises the safety and security of yatris and all stakeholders.
Page 2 of 5 8. ASYMPTOMATIC FACE OF COVID-19 AND DIAGNOSE:As some of the recently surfaced cases of COVID19 in the country have different face, asymptomatic face of COVID-19is a new challenge for the medical fraternity, administration and general public as well. It will be difficult to diagnose someone without symptoms. How will the Medical/Health professionals/workers deputed in the yatra area differentiate between common flu, cold and fever or infected with COVID-19 as symptoms are almost same, and test results of covid-19 took fairly a long time.
9. SANITISATION OF YATRA MARG, BHANDARAS: Regular sanitization of yatra marg, bhandaras and all other structures/places is required to contain the spread of COVID-19. It will be very difficult to sanitize the yatra marg, bhandaras, toilets, bathrooms, tents and all other structures/places like railings after every single use.
10. IN CASE SASB DECIDES TO CONDUCT YATRA, IT SHOULD BE FROM BOTH TRADITIONAL PAHALGAM-CHANDANWARI ROUTE AND BALTAL ROUTE.
11. IF THE YATRA IS CONDUCTED, SABLO IS OF THE STRONG OPINION THAT THERE WILL BE HUGE RISK OF COMMUNITY TRANSFER / SPREAD OF CORONA VIRUS AT EVERY STAGE.
Despite very high risk of Community transfer and great difficulties ahead, still, if the Shrine Board plans / decides to conduct Shri Amarnathji Yatra 2020, SABLO has some very strong apprehensions therefore we seek following information/clarifications :-
i) DURATION OF YATRA : Please inform the duration of yatra i.e date of commencement and culmination. ii) HOW THE YATRA WILL BE CONDUCTED : Please inform whether the yatra is going to be conducted from both Traditional Pahalgam Chandanwari & Baltal route or from only 1 track. How many pilgrims will be registered and allowed to undertake yatra from twin tracks of Pahalgam and Baltal route. iii) HOW MANY PILGRIMS SHALL BE ALLOWED FROM PAHALGAM & BALTAL ROUTE SEPERATELY :
iv) WILL THERE BE ANY CHANGE IN AGE CRITERIA OF THE PILGRIMS? v) COMPULSORY HEALTH CERTIFICATE (CHC) :While obtaining compulsory health certificate do the Yatris have to also go through the COVID TEST to confirm that they are have tested Negative from Corona Infection . vi) QUARANTINE APPLICABLE OR NOT ON YATRIS AND OTHER STAKE HOLDERS INCLUDING SEWADARS AND ORGANISORS OF BHANDARAS :Large number of states and UT’s including Jammu and Kashmir has made it compulsory that people travelling from other states and entering in J&K by Air/Road/ Rail will have to get themselvesquarantinefor14days. Will this condition be applicable to Yatris, Bhandaras, sewadars etc?
Page 3 of 5
vii) REGISTRATION OF PILGRIMS: Please inform as to when and how registration of pilgrims will be done along with the dates of registration. What are the arrangements to trace and track the pilgrims.
viii) SOCIAL DISTANCING :How the Shrine Board plans to maintain social distancing during the Yatra at the time of travel by Air/Road/Rail etc, Helipads at Pahalgam, Neelgrath and Panchtarni, Access Control Gate, Twin Tracks, Holy Cave, Tents etc.?
ix) COVID TEST : Will Yatris, Bhandara sewadars, Medical Staff, Security Forces, Administrative Staff, Potters, Ponnywallas, Tentwallas, shopkeepers and other stakeholders have to undergoCovid-19 test before performing the Yatra/duty at the base camps or anywhere else?
x) WHETHER WEARING OF FACE MASK WILL BE COMPULSORY OR NOT FOR PILGRIMS UNDERTAKING YATRA ON TWIN TRACK ROUTES?: We would like to opine here that wearing of face mask for the pilgrims undertaking journey on foot particularly when He / She is scaling the peaks at places such as Brari Top, Sangam Top, Pissu Top, Mahagunas top, Sant Singh Padi Top etc because there is very less oxygen available and mask makes it difficult to breathe particularly scaling heights.
xi) SANITISATION: How the yatra marg, bhandaras, toilets, washrooms and all other structures/places will sanitize and what will be the frequency?
Where the Pilgrim will stay and what are the sanitizing arrangements for the beddings of pilgrims?
How many clock rooms will be provided for the luggage of the pilgrims and how will SASB sanitise clock rooms and luggages?
BHANDARAS: How will the Bhandaras feed the pilgrims, what will be the number of pilgrims at a time?
How will the Bhandara sewadars check the pilgrim that he is not corona positive?
During the journey, if any pilgrim or Bhandara sewadar is found to be Corona positive, in that case what arrangements will be made to quarantine that pilgrim and all the sewadars of the Bhandara, in that case, who will take responsibility of the goods of their Bhandara?
In which type of utensils the Bhandar as serve the food to pilgrims? As the risk of infection is very high if served in steel utensils. If it is served in disposals, it will result in pollution of the yatra area.
PUBLIC TOILETS AND WASHROOMS:
Page 4 of 5 Will there be a provision to sanitize the public toilets/washrooms after their every single use. xii) HELICOPTER SERVICE:
A.) How many pilgrims will be registered and allowed to undertake yatra thru Helicopter from Pahalgam-Panjtarni and Neelgrath-Panjtarni sector.
B.) Will the Chopper Services run from the same site as in the past i.e from Neelgrath and Pahalgam to Panchtarni or there is some change in the Helipads? Please Inform.
B) How the social Distancing will be maintained in the Chopper.
C) How much passengers will be carried in a chopper in one time and what is the maximum capacity of the chopper to render services during Yatra.
XI) ARRANGEMENTS OF NIGHT STAY / ACCOMODATION OF YATRIS AT HELIPADS OF NEELGRATH, PAHALGAM AND PANCHTARNI : How and what accommodation arrangements will be maintained by Shrine Board by maintaining social distance or will Bhandara Organisations be asked to accommodate Yatris during suggested Yatra by the Shrine Board We await your kind response on the above points.
We once again would like to inform the Shrine Board that if it plans to conduct Yatra 2020 our all Member Langar Organisations are ready to render their services as usual.
Thanking you.
Yours truly, for Shri Amarnath Barfani Langars Organisation (SABLO) sd/- sd/- sd/- (RAJAN GUPTA) (VIJAY THAKUR) (VIJAY MEHRA) GENERAL SECRETARY PRESIDENT SECRETARY
//True Copy//
Page 5 of 5 Annexure P/11
Shri Amarnath Barfani Langars Organisation (Regd) (An Association of NGO’s Organisating Langars during Shri Amarnathji Yatra) E-316, Phase IV-A, Focal Point, Ludhiana -141 010 (Punjab) ______PRESIDENT GENERAL SECRETARY FIN. SECRETARY Vijay Kumar Thakur Rajan Gupta Amar Goyal 94175-00742 98729-83800 98144-93297
REF:SABLO/SASB/2020-21/15 Dated 15th June, 2020
Shri Anup Kumar Soni, Additional Chief Executive Officer, Shri Amarnathji Shrine Board (SASB), RAJ BHAWAN, JAMMU. (J&K)
SUBJECT: SUBMISSION OF LIST OF BHANDARAS FOR PROPOSED SHRI AMARNATH JI YATRA 2020 Dear Sir,
We would like to inform you that SHRI AMARNATH BARFANI LANGARS ORGANISATION (SABLO), registered under Societies Registration Act, 1860 in 2005, is an Apex Body of various Bhandara Organisations, which are engaged in rendering services of free food, distribution of blankets, night shelter facilities to the pilgrims on both the routes to the Holy Cave during Shri Amarnathji Yatra every year and acts as a bridge between SASB and Bhandara Organisations as well as Pilgrims (IMPORTANT STAKEHOLDERS). More importantly, our services are complimentary and supplementary to SASB and administration.
This is in continuation to your telecon with Sh.Vijay Thakur, President, SABLO and subsequently with the undersigned on the subject cited above. Please find below mentioned list of Bhandaras which are ready to render services. The camp wise list is as under:
S.No. Name Town
HOLY CAVE
UPPER CAMP
1 Shri Barfani Baba Joganiya Mata Bhandara Samiti Amritsar
2 Shri Har Har Mahadev Sewa Mandal Budhlada
3 Shri Amarnath Yatra Langar Sewa Samiti Shahkot
4 Shri Amarnath Langar Sewa Samiti Sri Ganganagar
LOWER CAMP
1 Shri Amarnath Sewa Mandal Karnal
SANGAM TOP CAMP
1 Shri Om Namah Shivay Bhandara Samiti Amritsar
BALTAL CAMP
1 Shri Shiv Sewa Mandal Trust Tohana
2 Shri Shiv Shakti Sewa Mandal Budhlada
3 Shri Amarnath Shiv Shakti Sewa Mandal Aligarh
Standby
1 Shri Shiv Shakti Manav Sewa Samiti Badayun
2 Shiv Shakti Jan Sewa Sansthan Delhi
DOMEL CAMP
1 Shiv Parvati Sewa Dal Chandigarh
RAIL PATHRI CAMP
1 Shiv Shakti Janhit Sewa Dal Delhi
BRARI MARG CAMP
1 Shiv Langar Committee Samana, Pb
2 Om Shiv Shankar Sewa Mandal Ludhiana
PANJTARNI CAMP
1 Bhole Bhandari Charitable Trust Ludhiana
2 Shri Shiv Manav Sewa Samiti Hassanpur, Lucknow
3 Shri Amarnath Barfani Sewa Dal Sirhind
4 Neelkanth Mahadev Welfare Trust Bhatinda
Apart from the above our following members shall be providing Public Address System (PAS) and Street Lighting facilities as under:
PUBLIC ADDRESS SYSTEM, STREET LIGHTING FACILITIES
1 Shiv Sewa Mandal Samiti (PAS) Jaipur
2 Shiv Pariwar Langar Bhandar Committee (PAS) Ajnala
3 Om Shri Har Har Mahadev Sewa Dal (PAS) Panchkula
4 Shri Bhole Bhandari Sewa Mandal (Street Lights) Moradabad
We hope that the above will suffice your requirement and assure you constructive cooperation at all times for smooth conduct of Shri Amarnathji Yatra 2020. Please feel free to contact for any clarification or requirement.
For Shri Amarnath Barfani Langars Organisation (SABLO)
sd/- sd/- (RAJAN GUPTA) (VIJAY MEHRA) GENERAL SECRETARY SECRETARY +91 98729 83800 +91 98030 36007
//True Copy//
1
ITEM NO.1 Virtual Court 4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).571/2020
ODISHA VIKASH PARISHAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR IA No. 55527/2020 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT AND IA No. 56796/2020 – CLARIFICATION/DIRECTION IA No. 56804/2020 - CLARIFICATION/DIRECTION IA No. 56802/2020 - EARLY HEARING APPLICATION IA No. 56816/2020 - EARLY HEARING APPLICATION IA No. 55596/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56737/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56786/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56660/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56801/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56784/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56792/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56399/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56807/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 54912/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56588/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56695/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56782/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56790/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56815/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55759/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56797/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56580/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56788/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56665/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 56800/2020 - EXEMPTION FROM FILING O.T. IA No. 56781/2020 - EXEMPTION FROM FILING O.T. IA No. 56814/2020 - EXEMPTION FROM FILING O.T. IA No. 56811/2020 - INTERVENTION APPLICATION IA No. 56574/2020 - INTERVENTION APPLICATION IA No. 56735/2020 - INTERVENTION APPLICATION IA No. 56785/2020 - INTERVENTION APPLICATION IA No. 56793/2020 - INTERVENTION APPLICATION IA No. 55525/2020 - INTERVENTION APPLICATION IA No. 56655/2020 - INTERVENTION APPLICATION IA No. 56783/2020 - INTERVENTION APPLICATION IA No. 56791/2020 - INTERVENTION APPLICATION IA No. 56798/2020 - INTERVENTION APPLICATION IA No. 54910/2020 - INTERVENTION APPLICATION 2
IA No. 56805/2020 - INTERVENTION APPLICATION IA No. 55757/2020 - INTERVENTION APPLICATION IA No. 56692/2020 - INTERVENTION APPLICATION IA No. 55745/2020 - INTERVENTION APPLICATION IA No. 56578/2020 - INTERVENTION APPLICATION IA No. 56779/2020 - INTERVENTION APPLICATION IA No. 56787/2020 - INTERVENTION APPLICATION IA No. 56795/2020 - INTERVENTION APPLICATION IA No. 56794/2020 - INTERVENTION/IMPLEADMENT IA No. 55595/2020 - INTERVENTION/IMPLEADMENT IA No. 56808/2020 - INTERVENTION/IMPLEADMENT IA No. 56730/2020 - INTERVENTION/IMPLEADMENT IA No. 56789/2020 - INTERVENTION/IMPLEADMENT IA No. 56803/2020 - INTERVENTION/IMPLEADMENT IA No. 56812/2020 - INTERVENTION/IMPLEADMENT IA No. 56576/2020 - MODIFICATION IA No. 56799/2020 - MODIFICATION IA No. 56397/2020 - MODIFICATION IA No. 56806/2020 - MODIFICATION IA No. 56813/2020 - MODIFICATION IA No. 56664/2020 - MODIFICATION OF COURT ORDER IA No. 56468/2020 - MODIFICATION OF COURT ORDER IA No. 56658/2020 - MODIFICATION OF COURT ORDER IA No. 56583/2020 - MODIFICATION OF COURT ORDER IA No. 56694/2020 - MODIFICATION OF COURT ORDER IA No. 56780/2020 - MODIFICATION OF COURT ORDER IA No. 56810/2020 - RECALLING THE COURTS ORDER IA No. 56731/2020 - RECALLING THE COURTS ORDER)
Date : 22-06-2020 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.S. BOPANNA (VACATION BENCH)
COUNSEL FOR THE PARTIES
Mr. Harish Salve, Sr. Adv. Mr. Ashok Parija, Ld. AG (For Odisha) Mr. Shibashish Misra, Adv. Mr. Mahesh Agarwal, Adv.
Mr. Tushar Mehta, Ld. SG Mr. Kanu Agarwal, Adv. Mr. B.V. Balaram Das, AOR
Mr. Ranjit Kumar, Sr. Adv. Ms. Ranjeeta Rohatgi, AOR Ms. Samten Doma, Adv.
Mr. Mohan Parasaran, Sr. Adv. 3
Mr. K.V. Viswanathan, Sr. Adv. Mr. Vimlesh Kumar Sukla, Sr. Adv. Mr. Chetan Sharma, Sr. Adv. Mr. P.K. Mohanty, Sr. Adv. Mr. Hitendra Nath Rath, AOR Mr. Vijay Ku. Ragada, Adv. Mr. Bibhuti Bhusan Choudhary, Adv. Mr. Silabhadra Sastry, Adv. Mr. J.P. Parida, Adv. Mr. Vishnu Mohan, Adv. Mr. Manan Sanghai, Adv. Mr. Ankur Kashyap, Adv. Mr. Deves Tripathy, Adv. Mr. Dhurtiman Joshi, Adv. Mr. Arvind Aswani, Adv. Mr. Bhusan Ojha, Adv. Mr. Debasis Sathpathy, Adv. Mr. Prabhakar Meher, Adv. Mr. S.K. Rout, Adv. Mr. Prahalad Bhat, Adv.
Mr. Tejaswi Kumar Pradhan, AOR
Mr. Mahesh Jethmalani, Sr. Adv. Mr. Sarthak Nayak, Adv. Mr. Sri Satya Mohanty, Adv. Dr. Surender Singh Hooda, AOR
Mr. P.S. Narsimha, Sr. Adv. Ms. Aishwarya Bhati, Sr. Adv. Mr. Nachiketa Joshi, Adv. Mr. Merusagar Samantray, Adv. Ms. Priyanka Das, Adv. Mr. Ardhendhu Mauli Prasad, Adv. Ms. Archana Pathak Dave, Adv. Mr. Tirtha Sahu, Adv. Mr. P. V. Yogeswaran, AOR
Mr. C.S. Vaidyanathan, Sr. Adv. Mr. Bhakti Vardhan Singh, AOR Mr. Joydeep Roy, Adv. Mr. Nachiketa Joshi, Adv. Mr. Tirth Kumar Sahu, Adv. Mr. Santosh Kumar, Adv. Mr. Saumya Ranjan, Adv.
Mr. Arijit Prasad, Sr. Adv. Mr. Anjuman Tripathy, Adv. Mr. Arya Tripathy, Adv. Mr. Vikas Dahiya, Adv. Mr. Vishwa Raj Singh, Adv. Mr. Sahil Tagotra, AOR 4
Mr. Sanjay Kumar Das, Adv. Mr. Swetaketu Mishra, Adv. Mr. V.K. Monga, AOR
Mr. Maninder Singh, Sr. Adv. Ms. Priyashree, Adv. Mr. Kush Chaturvedi, AOR
Mr. Manan Sanghai, Adv. Mr. Advait Shukla, Adv. Mr. Arvind Aswani, Adv. Mr. Ankur Kashyap, Adv. Mr. Pranaya Kumar Mohapatra, AOR
Mr. Arijit Prasad, Sr. Adv. Mr. Anjuman Tripathy, Adv. Mr. Arya Tripathy, Adv. Mr. Sahil Tagotra, AOR
Ms. Akriti Chaubey, AOR Mr. Anshuman Ray, Adv. Mr. Digant Deo, Adv.
Mr. Kedar Nath Tripathy, AOR Mr. Jitendra Mohapatra, Adv.
Mr. P.N. Misra, Sr. Adv. Mr. Manan Sanghai, Adv. Mr. E. C. Vidya Sagar, AOR
Mr. Subhash Jha, Adv. Mr. Ghanshyam Upadhyay, Adv. Mr. Umesh Dubey, Adv. Mr. Manoj K. Mishra, AOR
Mr. Ashok Panigrahi, AOR Mr. Anmol Tayal, Adv.
Mr. Biswajit Das, Adv. Mr. Abhigya, AOR Ms. Anamika Sharma, Adv. Ms. Sunita Yadav, Adv. Ms. Anamika Kushwaha, Adv. Ms. Nandita Rao, Adv.
Mr. P.S. Narasimha, Sr. Adv. Mr. J. Sai Deepak, Adv. Mr. Suvidutt M.S., AOR Mr. Anu B., Adv. Mr. Vibhor Ahlawat, Adv. 5
Mr. Yogesh Kumar, Adv. Mr. Abhijeet Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R
These are applications made by several parties for intervention and modification of Order dated 18th June, 2020 passed by this Court. By that Order we had restrained the respondents from holding the Rath Yatra this year in view of the danger presented by gathering of 10 to 12 lakhs devotees for a period of 10-12 days. Clearly, any spread ofthe
Coronavirus due to the Rath Yatra would be disastrous due to the large number of persons and the impossibility of tracking all the infected people after they have gone back to their respective homes. Needless to say that it is not possible to screen the medical conditions of all those who converge on the cities for the Rath Yatra.
While we do not have the official copy of the gazette itself, we are informed that in the 18th-19th century a yatra of this kind was responsible for the spread of cholera and plague
“like wild fire”. We say this in order to remind the authorities concerned that the situation can become dangerous if the rules of caution are ignored.
Before we passed our earlier Order we had suggested to the parties that the procession of chariots, i.e., the Rath
Yatra itself, could be allowed to proceed, however, without the general congregation which participates in this Yatra. We were informed that it would be well nigh impossible to ensure that 6 there is no congregation. This Court was, therefore, left with no option but to grant an injunction restraining the Rath Yatra itself.
However, we find, in one of the present applications, an affidavit filed on behalf of the State of Orissa statingthat it might be possible to conduct the Rath Yatra at Puri “in a limited way without public attendance”. This has been proposed by Gajapati Maharaj of Puri, who is the Chairman of the Puri
Jagannath Temple Administration. Indeed, if it is possible to ensure that there is no public attendance, we see no reason why the Rath Yatra cannot be conducted safely along its usual route from temple to temple.
Having given serious consideration to the matter and having heard the parties, we are of the view that the Rath
Yatra at Puri may be held subject to following conditions:
(1) All entry points into the City of Puri, i.e., airports, railway stations, bus stands, etc., shall be closed during the period of Rath Yatra festival.
(2) The State Government shall impose a curfew in the City of Puri on all the days and during all the time when Rath Yatra chariots are taken in procession. The State Government may also impose curfew in the city of Puri on such other days and during such time as deemed necessary. During the period of curfew no one would be allowed to come out of their houses or their places of residence, such as, hotels, lodging houses, etc. To start with, the curfew shall begin tonight at 8 P.M. 7
(3) Each Rath, i.e.., Chariot, shall be pulled by not more than 500 persons. Each of those 500 persons shall be tested for the Coronavirus. They shall be permitted to pull the chariot only if they have been found negative. The number 500 shall include officials and police personnel.
(4) There shall be an interval of one hour between two chariots.
(5) Each of those who is engaged in pulling the chariot shall maintain social distancing before, during and after the Rath Yatra.
(6) We are informed that certain rituals are associated with the Rath Yatra. We direct that only such persons shall be associated with the rituals who have been found to have tested negative and shall maintain social distancing.
(7) The primary responsibility for conducting the Rath Yatra in accordance with the conditions and other norms shall be that of the Committee in-charge of Puri Jagannath Temple Administration. Each member of the Committee shall be responsible for due compliance with the conditions imposed by this Court and the general directions which govern ensuring of public health issued by the Union Government. In addition, the officers designated by the State Government for conduct of the Rath Yatra shall be responsible likewise.
(8) The rituals and the Rath Yatra shall be freely covered by the visual media. The State Government shall allow TV cameras to be installed at such places as may be found necessary by the TV crew.
(9) The bare minimum number of people shall be allowed 8
by the Committee to participate in the rituals and in the Rath Yatra. We take a note of the fact that the State of Orissa has a good record of having controlled the pandemic with a very little loss of life. We see no reason why the same attitude of care and caution should not be applied to the Rath Yatra.
(10) The State Government may take such help as may be found necessary from the Union Government. Shri Tushar Mehta, learned Solicitor General, has assured the Court that the Union Government shall offer all assistance and help to the State Government in this endeavour.
(11) The State Government shall maintain a record containing details of all those who have been allowed to participate in the Rath Yatra or the rituals connected therewith along with details of their medical conditions after testing.
All the applications for intervention and modification of
Order dated 18th June, 2020 passed by this Court are disposed
of.
(SANJAY KUMAR-II) (BEENA JOLLY) ASTT. REGISTRAR-cum-PS BRANCH OFFICER 9
ITEM NO.801 Virtual Court 4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).571/2020
ODISHA VIKASH PARISHAD Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 22-06-2020 The matter was mentioned today at 1 P.M.
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.S. BOPANNA
COUNSEL FOR THE PARTIES
Mr. Harish Salve, Sr. Adv. Mr. Ashok Parija, Ld. AG (For Odisha) Mr. Shibashish Misra, Adv. Mr. Mahesh Agarwal, Adv.
Mr. Tushar Mehta, Ld. SG Mr. Kanu Agarwal, Adv. Mr. B.V. Balaram Das, AOR
Mr. Ranjit Kumar, Sr. Adv. Ms. Ranjeeta Rohatgi, AOR Ms. Samten Doma, Adv.
Mr. Mohan Parasaran, Sr. Adv. Mr. K.V. Viswanathan, Sr. Adv. Mr. Vimlesh Kumar Sukla, Sr. Adv. Mr. Chetan Sharma, Sr. Adv. Mr. P.K. Mohanty, Sr. Adv. Mr. Hitendra Nath Rath, AOR Mr. Vijay Ku. Ragada, Adv. Mr. Bibhuti Bhusan Choudhary, Adv. Mr. Silabhadra Sastry, Adv. Mr. J.P. Parida, Adv. Mr. Vishnu Mohan, Adv. Mr. Manan Sanghai, Adv. Mr. Ankur Kashyap, Adv. Mr. Deves Tripathy, Adv. Mr. Dhurtiman Joshi, Adv. Mr. Arvind Aswani, Adv. Mr. Bhusan Ojha, Adv. Mr. Debasis Sathpathy, Adv. 10
Mr. Prabhakar Meher, Adv. Mr. S.K. Rout, Adv. Mr. Prahalad Bhat, Adv.
Mr. Tejaswi Kumar Pradhan, AOR
Mr. Mahesh Jethmalani, Sr. Adv. Mr. Sarthak Nayak, Adv. Mr. Sri Satya Mohanty, Adv. Dr. Surender Singh Hooda, AOR
Mr. P.S. Narsimha, Sr. Adv. Ms. Aishwarya Bhati, Sr. Adv. Mr. Nachiketa Joshi, Adv. Mr. Merusagar Samantray, Adv. Ms. Priyanka Das, Adv. Mr. Ardhendhu Mauli Prasad, Adv. Ms. Archana Pathak Dave, Adv. Mr. Tirtha Sahu, Adv. Mr. P. V. Yogeswaran, AOR
Mr. C.S. Vaidyanathan, Sr. Adv. Mr. Bhakti Vardhan Singh, AOR Mr. Joydeep Roy, Adv. Mr. Nachiketa Joshi, Adv. Mr. Tirth Kumar Sahu, Adv. Mr. Santosh Kumar, Adv. Mr. Saumya Ranjan, Adv.
Mr. Arijit Prasad, Sr. Adv. Mr. Anjuman Tripathy, Adv. Mr. Arya Tripathy, Adv. Mr. Vikas Dahiya, Adv. Mr. Vishwa Raj Singh, Adv. Mr. Sahil Tagotra, AOR
Mr. Sanjay Kumar Das, Adv. Mr. Swetaketu Mishra, Adv. Mr. V.K. Monga, AOR
Mr. Maninder Singh, Sr. Adv. Ms. Priyashree, Adv. Mr. Kush Chaturvedi, AOR
Mr. Manan Sanghai, Adv. Mr. Advait Shukla, Adv. Mr. Arvind Aswani, Adv. Mr. Ankur Kashyap, Adv. Mr. Pranaya Kumar Mohapatra, AOR
Mr. Arijit Prasad, Sr. Adv. Mr. Anjuman Tripathy, Adv. 11
Mr. Arya Tripathy, Adv. Mr. Sahil Tagotra, AOR
Ms. Akriti Chaubey, AOR Mr. Anshuman Ray, Adv. Mr. Digant Deo, Adv.
Mr. Kedar Nath Tripathy, AOR Mr. Jitendra Mohapatra, Adv.
Mr. P.N. Misra, Sr. Adv. Mr. Manan Sanghai, Adv. Mr. E. C. Vidya Sagar, AOR
Mr. Subhash Jha, Adv. Mr. Ghanshyam Upadhyay, Adv. Mr. Umesh Dubey, Adv. Mr. Manoj K. Mishra, AOR
Mr. Ashok Panigrahi, AOR Mr. Anmol Tayal, Adv.
Mr. Biswajit Das, Adv. Mr. Abhigya, AOR Ms. Anamika Sharma, Adv. Ms. Sunita Yadav, Adv. Ms. Anamika Kushwaha, Adv. Ms. Nandita Rao, Adv.
Mr. P.S. Narasimha, Sr. Adv. Mr. J. Sai Deepak, Adv. Mr. Suvidutt M.S., AOR Mr. Anu B., Adv. Mr. Vibhor Ahlawat, Adv. Mr. Yogesh Kumar, Adv. Mr. Abhijeet Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R
Upon being mentioned by the learned counsel appearing for the parties, list the matter(s) at 2.30 p.m. today i.e. 22.06.2020 for hearing.
(SANJAY KUMAR-II) (BEENA JOLLY) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
Annexure P/13
To, Shree Amarnath Barfani Sewa Dal, Road, Sirhind 14046 Distt. Fatehgarh Sahib Pb.
No. SASB/2020/868-72 Dated: 26.06.2020
Subject: Permission Letter for setting up the free Langar Service during the Shri Amarnathji Yatra, 2020.
Permissions is hereby granted to your Langar Organization
(LO) for setting up a Langar at Panjtarni from 3rd July to 3rd
August, 2020. Please ensure that the Langar as established at the earmarked location as identified by the Camp Director / General
Manager (Works) as per the SASB approved layout plan only.
2. You are required to comply strictly with all the Terms and
Conditions (already accepted by you) at all times during the period of Langar Service.
3. You are requested to send us the names, residential addresses, contact numbers, Police Verification Reports, two passport size photographs and Compulsory Health Certificates
(CHC) /Covid-19 certificates issued by the doctors / institutes nominated by the State Government, in respect of all the
Sevadars to be deployed by your LO by 28th June, 2020/latest, to enable us to timely issue the Photo Identity Cards to each one of them.
4. You are also requested to convey your travel schedule and reach the above stated location latest by 28th June and contact the designated Camp Director / General Manager (Works) for allotment of site to set up Langar and for any other assistance as may be required by you. In case you face any difficulty, you should immediately contact the Board’s Control Room
(Telephone No. 0194-2313146).
5. To ensure better hygienic conditions in the Kitchen / cooking area, the LO shall cover this area with vinyl P.V.C. sheet
(2 mm thick), and also to follow all the necessary guidelines related to the Covid-19 hygiene precautions while preparing and distributing food.
6. In view of the recent Scenario of Covid 19, all the LO are directed to follow all the SOPs related to reducing the risk of exposure to Covid 19 viz. use of Face masks by all sevadars, maintaining proper isolation distances, proper crowd management and all Covid-19 hygiene precautions while preparing and distributing food shall be strictly followed.
7. All the Langar Organisation are directed not to follow the buffet system and preferably supply food to the Yatris by the medium of packed food.
8. We look forward to the pilgrims benefiting from your
Langar service during the forthcoming Yatra.
Yours Sincerely,
Sd/- (Anup Kumar Soni) IFS Additional Chief Executive Officer
Copy to:
1. Divisional Commissioner, Jammu. 2. Divisional Commissioner, Kashmir 3. Inspector General of Police, Jammu 4. Inspector General of Police, Kashmir (For favour of information. Road opening parties may pls be deputed for the smooth flow of langar vehicles)
//TRUE COPY//
Annexure P/14
To, Barfani Sewa Mandal, Near Hind Cinema, Kaithal, Haryana.
No. SASB/2020/873-77 Dated: 26.06.2020
Subject: Permission Letter for setting up the free Langar Service during the Shri Amarnathji Yatra, 2020.
Permissions is hereby granted to your Langar Organization
(LO) for setting up a Langar at Baltal from 3rd July to 3rd August,
2020. Please ensure that the Langar as established at the earmarked location as identified by the Camp Director / General
Manager (Works) as per the SASB approved layout plan only.
2. You are required to comply strictly with all the Terms and
Conditions (already accepted by you) at all times during the period of Langar Service.
3. You are requested to send us the names, residential addresses, contact numbers, Police Verification Reports, two passport size photographs and Compulsory Health Certificates
(CHC) /Covid-19 certificates issued by the doctors / institutes nominated by the State Government, in respect of all the
Sevadars to be deployed by your LO by 28th June, 2020/latest, to enable us to timely issue the Photo Identity Cards to each one of them.
4. You are also requested to convey your travel schedule and reach the above stated location latest by 28th June and contact the designated Camp Director / General Manager (Works) for allotment of site to set up Langar and for any other assistance as may be required by you. In case you face any difficulty, you should immediately contact the Board’s Control Room
(Telephone No. 0194-2313146).
5. To ensure better hygienic conditions in the Kitchen / cooking area, the LO shall cover this area with vinyl P.V.C. sheet
(2 mm thick), and also to follow all the necessary guidelines related to the Covid-19 hygiene precautions while preparing and distributing food.
6. In view of the recent Scenario of Covid 19, all the LO are directed to follow all the SOPs related to reducing the risk of exposure to Covid 19 viz. use of Face masks by all sevadars, maintaining proper isolation distances, proper crowd management and all Covid-19 hygiene precautions while preparing and distributing food shall be strictly followed.
7. All the Langar Organisation are directed not to follow the buffet system and preferably supply food to the Yatris by the medium of packed food.
8. We look forward to the pilgrims benefiting from your
Langar service during the forthcoming Yatra.
Yours Sincerely,
Sd/- (Anup Kumar Soni) IFS Additional Chief Executive Officer
Copy to:
1. Divisional Commissioner, Jammu. 2. Divisional Commissioner, Kashmir 3. Inspector General of Police, Jammu 4. Inspector General of Police, Kashmir (For favour of information. Road opening parties may pls be deputed for the smooth flow of langar vehicles)
//TRUE COPY//
Annexure P/15
------Original message ------From: SABLO RAJAN GUPTA
POLITE AND URGENT REMINDER
Dear Sir,
This is in continuation to our earlier representations communicated vide emails dated 22.04.2020, 07.06.2020, 15.06.2020 and telephonic conversations.
We are dedicated and devoted towards the Yatris and in the interest of Yatris in particular and all other stakeholders/population of the Nation in general. We have apprised you about our opinion, views, suggestions, apprehensions, huge / great threat involved in the conduct of Shri Amarnath Yatra this year ie 2020.
We have raised many issues and sought answers/clarifications concerned with Yatris in view of spread of COVID-19 PANDEMIC which have not been responded so far.
We would once again like to suggest, request and strongly Urge that Shri Amarnathji Yatra 2020 should and must be conducted according to age old traditions in a SYMBOLIC MANNER WITH FEW MINIMUM NUMBER OF DIRECTLY RELATED PERSONS according to religious rituals, traditions and performance of all acts necessary for the same, including Pratham Pooja on Ashand/Guru Purnima, and culmination prayers on Shravan Poonima/ Raksha Bandhan, Performance of daily Puja and Aarti by the Pujaris/Pandits/Purohits according to rites, carrying of Holy Mace to Holy Cave by custodian, Mahant Deepinder Giri and Sadhu Babas, performance of Pooja at Holy Cave by Pujaris, Members, officials and staff of the Shrine Board.
We have reliably come to know that Shri Amarnath Ji Shrine Board (SASB) has recently issued some permission letters to few Bhandara Organizations for rendering their services at Baltal, Holy Cave, Panchtarni, Neelgrath etc.
We are of the strong opinion and urge to not to open this Yatra for Bhagats/Devotees and general public in view of the present circumstances and continuing spread of Coronavirus on an ever increasing and alarming speed because this is very risky and is likely to result in community spread.
We once again request you to not to allow pilgrims/yatris to undertake Shri Amarnathji Yatra this year.
Thanks and Best Regards,
Rajan Gupta General Secretary Shri Amarnath Barfani Langars Organisation (SABLO)
Sent from my Samsung Galaxy smartphone.
------Original message ------From: SABLO RAJAN GUPTA
Dear Sir,
PFA herewith a representation wherein we have raised our apprehensions in detail and sought certain clarifications/information on them.
You are requested to respond quickly to our mail. Hoping for an early response from your side.
For Shri Amarnath Barfani Langars Organisation (SABLO)
(RAJAN GUPTA) (VIJAY THAKUR) (VIJAY MEHRA)
GENERAL SECRETARY PRESIDENT SECRETARY
//True Copy// 128
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION [Under Article 32 of the Constitution of India] I.A. No. _____ of 2020
in
WRIT PETITION (CIVIL) NO. OF 2020 IN THE MATTER OF:-
SHRI AMARNATH BARFANI LANGARS …PETITIONERS ORGANISATION (REGD) & ANR VERSUS UNION OF INDIA & ORS ...RESPONDENTS
AN APPLICATION FOR AD INTERIM EX PARTE INTERIM STAY
To Hon’ble the Chief Justice of India And his Companion Justices of the Hon’ble Supreme Court of India The humble application of the Applicant above named :
MOST RESPECTFULLY SHOWETH:
1. The Petitioners are constrained to move this Hon’ble Court by
way of the present writ petition under Article 32 of the
Constitution, inter alia, seeking a direction in the nature of a
mandamus to the Respondents, to restrict the entry of the public 129
for the annual Shri Amarnath Yatra for the year 2020, in view of
the outbreak of the Covid-19 pandemic, and in view of the
prevailing disaster situation as defined under the National
Disaster Management Act, 2005, and for the enforcement of the
fundamental rights under Articles 21 read with Article 14
enshrined in Part III of the Constitution of India.
2. The facts and averments made in the writ petition are not being
repeated for the sake of brevity, and the same may be treated as
a part and parcel of the present application.
3. The instant application is being filed by the Petitioners seeking
interim restrictions for the opening of Shri Amarnath Yatra for
the general public till the pendency of the present Writ Petition.
4. That the contents of the accompanying Writ Petition may be
read as part and parcel of the present application and the same
are not repeated herein for the sake of brevity.
5. The present Petitioners only seek a restriction on the
participation of the devotees/pilgrims, in light of the outbreak
of the pandemic. It is further submitted that even last year, 2019, 130
after the Government of India revoked the special status given to the erstwhile State of Jammu and Kashmir, the movement of pilgrims and devotees was restricted, as a matter of security concern. Further, even now, as per the Government of India guidelines, there cannot be more than 50 people attending a marriage ceremony, and 20 people attending a funeral. This is primarily done to ensure that the outbreak of the pandemic is not furthered. Even applying these standards, it is submitted that the Petitioners seek restrictions to be imposed, and close the
Yatra for devotees and pilgrims. More so, in the absence of proper transportation and lodging facilities, such pilgrims and devotees will be put to great hardship. Therefore, the present writ petition is being filed. Further, in the present-day pandemic situation, where the Government of India and the Governments of the various states have been fighting the outbreak of the
Covid 19, the Petitioners have suggested to the Shrine Board to have a Live Darshan of the Lord Shri Amarnath Ji Shrine, which will reach crores of people. This is more so when the entire country has been adopting an e-platform, including the Courts. 131
This will also enable the worship, pooja, and darshan to reach
several people while they are in their houses.
6. It is relevant to note that the dates of the Shri Amarnath Yatra
2020 have not yet been announced by the Shri Amarnathji
Shrine Board, and despite the same began issued permissions
for the setting up of Bhandaras at various places for the
proposed Shri Amarnath Yatra 2020 which may endanger the
life of the Devotees at large.
7. Irreparable loss and injury will be caused to the Applicant, if the
application is not considered by this Hon'ble Court.
8. The writ petition will become infructuous of the ad interim ex
parte interim stay of the participation of the general public
9. The present application is being made bona fide.
PRAYER
It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to : 132
a) restrict the access of the general
public/devotees/pilgrims for the Shri Amarnath Yatra
2020 till the pendency of the present Writ Petition; and/or
b) pass such order or orders as are deemed fit and proper in
the facts and circumstances of this case.
FILED BY
PAI AMIT ADVOCATE FOR THE PETITIONER
PLACE: NEW DELHI FILED ON: 30.06.2020
133
223, M.C. Setalvad Block, PAI AMIT New Lawyers Chambers, Advocate-on-Record The Supreme Court of India, The Supreme Court of India. New Delhi – 110001. Mobile Phone:+91-9953557798 email: [email protected]
01.07.2020
LETTER FOR DEFECTS
To, The Registrar, The Supreme Court of India, New Delhi.
Sir,
Diary No. 13608 of 2020 Shri Amarnath Barfani Langars Organisation (Regd.) & Anr. v. Union of India & Ors.
The Registry has pointed a defect in the writ petition, being Defect No. 6 – to clarify whether the present writ petition was a PIL or not. It is submitted that the Petitioner No. 1 is a stake holder in the annual Shri Amarnath ji Yatra, as it is the Registered Association of the Bhandaras and Langars that are organized every year. This has been mentioned at page Q of the Synopsis and List of Dates, and page 8 of the writ petition. Further, Petitioner No. 2 is the General Secretary of Petitioner No. 1. Therefore, the present writ petition is not a public interest litigation. You are therefore requested to kindly ignore the said defect. The remaining defects have been removed. Please process the matter for urgent listing.
Thanking you.
Sincerely
Pai Amit Advocate for the Petitioner