DEHRADUN: Uttarakhand High Court on Monday stayed the state cabinet decision dated June 25 to start Char Dham Yatra for local pilgrims from July 1.
The division bench comprising Chief Justice RS Chauhan and Justice Alok Kumar Verma observing that the court must consider whether the said act would aggravate or lessen the impact of COVID-19 or not and that it is of paramount importance to save the lives of the people in the order said, "Having concluded that the decision of re-opening the Char Dham Yatra would lead to inviting a calamity, it is in these circumstances that this Court is compelled to stay the part of the Cabinet decision dated June 25, 2021. The said stay is strictly in the interest of public, and in the interest of justice."
Adding that the issue of the Char Dham Yatra is not just limited to opening of pilgrimage sites but about the people of the state and about the people of the nation, the bench remarked, "In fact, since the world is a small planet, viruses tend to escape from one country and affect the other nations. Therefore, the issue before this Court is not a regional one, but a global one. Therefore, this issue cannot be decided in a myopic manner. It has to be determined with a catholic vision."
The court keeping in mind the religious sentiments of the devotees ordered live streaming of rituals from the four shrines (Kedarnath, Badrinath, Gangotri and Yamunotri) for the devotees across the nation within 7 days.
The court observing that the state government cannot plead that merely because a few priests may object to the live streaming, it will succumb to their pressure directed, "In the interest of the people, this Court directs the Government to ensure that the ceremonies, the pujas and archanas, carried out within the sanctum sanctorum of the Char Dham temples, are live streamed for the benefit of the people at large. The Government should make sure that the live streaming is done throughout the country, so that the devotees may not only witness the deity, but may also pray to the same."
After the state government officials told the court that priests are likely to object to the decision of live streaming, the bench remarked, "It is for the State Government to decide whether the live streaming should be carried out or not? The decision cannot be left to the Char Dham Devasthanam Board, or to the priests of an individual temple. For, it is the constitutional duty of the State to protect its people from a pandemic. Therefore, the decision cannot be left either to the Board or to the Priests. Even if, there is an objection from a minority of priests, the said objection can easily be overruled by the State."
Further, the court citing the Supreme Court judgements added that the argument taken by the state government that it cannot control either a large crowd, or the unruly mob, does not lie in the mouth of the State Government.
"For, to argue the same, the State Government admits its inability to enforce the rule of law," observed the bench.
Citing the severity the second wave, the court states that it struck the country like a tsunami killing over 3 lakh people, devastated families, and orphaned children.
Mentioning the satellite images and the International Media which continued to show the endless number of pyres which were burning, the pitiable condition of people in the country, the court said that people could not perform a decent cremation, or decent burial to lost brethren.
"During that period, neither the lifesaving medicines were available, nor the oxygen tanks were available, nor sufficient numbers of bed were available, nor sufficient numbers of ambulances were available. The health care system began to crumble. Consequently, people had to run from pillar to post for seeking and begging only to be saved from the second wave. It is common knowledge
that as people began to die, there were insufficient spaces in our crematorium and burial grounds," the court stated in the order.
Asserting that one of the great contributory factors for the steep rise in the second wave was the ill-decision to hold Kumbh Mela at Haridwar between April 1-30, 2021, the bench stated that with 57% of deaths in Uttarakhand and the pictures of Kumbh Mela not only embarrassed the entire country, but also shocked the world community.
"Suddenly our country was painted as a renegade, and as an irresponsible member of the international community. Suddenly, flights coming from India were stopped by other countries. Even today, we are not free from the devastation caused by the second wave, although fortunately the second wave is on the decline," the court observed.
The court also expressed strong opinions about the claims of promises by the state government officials to implement the 'Standard Operating Procedures' (SOPs) stating that because there was breach of the very same SOPs in the Kumbh how is it possible to implement the same in Char Dham Yatra.
The bench also took vaccination of the tree districts- Chamoli, Uttarakashi and Rudraprayag where the four shrines are located and Yatra was to be allowed from July 1 for local pilgrims stating that according to the experts, it will still take eighteen months to vaccinate 70% of the population in Uttarakhand.
"Thus, even if 100% population of Uttarakhand were to be inoculated, even then there is no guarantee that the people of Uttarakhand will be protected from the invasion of delta plus variant," the bench remarked outlining the dangers of the latest variant of the Covid 19 which apparently gives just three days to the person to live.
Citing various media reports, science journals and experts from health care sector of the country the court warned about the impending dangers of the anticipated third wave in August 2021.
Uttarakhand government issues directives to start pilgrimage for locals
Hours after the High Court staying the Char Dham Yatra on Monday, the Uttarakhand government issued directives to start the pilgrimage for locals of three districts from July 1. The directives were mentioned in a letter regarding the extension of Covid curfew in the state.
“First phase of Char Dham Yatra will begin on July 1. In the first phase, pilgrims from Chamoli district will be allowed to go to Badrinath, pilgrims from Rudraprayag to Kedarnath and from Uttarkashi to Gangotri and Yamunotri.
Every pilgrim is required to register for the Yatra and must have Covid negative report not prior to 72 hours of the pilgrimage,” reads the 12-page letter.