Akkanna Madanna Mahankali Mandir v. State Of Telangana
2020-07-16
T.VINOD KUMAR
body2020
DigiLaw.ai
JUDGMENT T.Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a writ of mandamus declaring the decision of the respondents not to allow Ghatam uregimpu in connection with Bonalu festival as per memo dated 20.06.2020, as illegal, arbitrary, unconstitutional with a consequential relief to set aside the same. 2. The present writ petition is taken up for hearing today, i.e. 16.07.2020, through Video Conferencing. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 4. Learned Senior Counsel appearing on behalf of the petitioner draws attention of this Court to the order passed by the Hon'ble Supreme Court on 22.06.2020 whereby the Hon'ble Supreme Court permitted to conduct of Jagannath Rath Yatra in the State of Orissa subject to the conditions specified therein. By placing reliance on the said judgment of the Supreme Court, the learned Senior Counsel would submit that even the petitioner by adhering to the conditions that may be imposed be permitted to hold / maintain the age old tradition of Ghatam being carried from the Akkanna Madanna temple situated in Hari Bowli, to Delhi Darwaja by placing the same on a decorated elephant for immersion in the Moosi river on 20.07.2020. Learned Senior Counsel would also submit that the said religious practice was in vogue since the year 1948, and being fully aware of the present pandemic, the petitioner would not take out any procession as done during the previous year, except carrying the Ghatam by placing the same on decorated elephants covering the distance of about 4 kms from the location of the temple in Shalibanda to Delhi Darwaja-Moosi river near the High Court. It is further submitted that the entire entourage from the temple to the Moosi river, the Ghatams would only be accompanied by the temple Archakas and the Executive Committee Members of the temple, who in all may not exceed 20 members in number. Thus, the learned Senior Counsel submits that in view of the changed circumstances, on account of the order of the Hon'ble Supreme Court, the restrictions imposed by the authorities by its Minutes of the Meeting dated 20.06.2020 needs to be reconsidered, by allowing the petitioner to carry on its religious activity. 5.
Thus, the learned Senior Counsel submits that in view of the changed circumstances, on account of the order of the Hon'ble Supreme Court, the restrictions imposed by the authorities by its Minutes of the Meeting dated 20.06.2020 needs to be reconsidered, by allowing the petitioner to carry on its religious activity. 5. Opposing the above submission of the learned Senior Counsel, Learned Government Pleader for Endowments and the Assistant Government Pleader for Home would submit that on 10.06.2020, a meeting headed by the Home minister and other public representatives along with various members of Temple committees was called for in relation to conduct of the Bonalu festival, which is declared as a State festival, whereat, the petitioner also participated and agreed to the various proposals made, as noted in the minutes of the meeting, drawn up on 20.06.2020. By the said minutes of the meeting, it was agreed that all the religious performances would be made in the temple and no processions of ghatams would be undertaken in view of the Pandemic Covid - 19. 6. Learned Government Pleader appearing for Endowment and the respondent police would also submit that the area in which the temple is located falls in a zone which is declared as Containment zone having large number of Covid - 19 cases and even though the petitioner claims that no procession would be undertaken, the mere fact of the passage of deity being placed on elephant and being taken from the temple to the Moosi river for immersion would make the devotees come out of their houses for having glimpse of the deity and offer their oblations, which would result in conglomeration, which may cause spread of Covid - 19 virus. It is for the said reason the authorities while respecting the religious sentiments of all the people concerned had taken a decision to offer prayers within the temple and not by taking out any procession of the ghatams.
It is for the said reason the authorities while respecting the religious sentiments of all the people concerned had taken a decision to offer prayers within the temple and not by taking out any procession of the ghatams. Learned Government Pleader would also submit that it is always open for the petitioner to undertake the immersion of ghatams by using other means of transport and not by placing the same on elephant which is a slow moving animal, which could take couple of hours to reach the Moosi river from the temple, whereby people may come out of their homes thereby leading to gathering, resulting in health issue on account of the spread of Covid - 19. 7. Learned Assistant Government Pleader for Home would also draw attention of this Court to the guidelines issued by the Ministry of Home Affairs as amended from time to time whereunder religious activities are permitted, but the religious gatherings, processions, large gatherings continue to be prohibited. Thus, the learned Assistant Government Pleader (Home) submits that the request of the petitioner for allowing carriage of ghatalu on decorated elephant, is nothing but holding a procession, which clearly continues to be prohibited even as per the recent guidelines issued by the Ministry of Home Affairs on 29.06.2020. Learned Assistant Government Pleader for Home would further submit that in the High Powered Committee Meeting held on 10.06.2020, it was categorically decided that no Ghatalu uregimpu would be permitted and adhering to the said decision Bonalu festival of Golconda and Secunderabad temples were held, without taking out Ghatam procession. He would further submit that in the South zone of the Hyderabad City, the jurisdiction area in which the temple falls, the spread of Carona Virus is severe and as a matter of fact, 162 police personnel working in the south zone are affected, and some of the police personnel attending to duties during lockdown have also succumbed to the same. 8.
8. Learned Assistant Government Pleader for Home would further submit that the purpose of banning of the said religious procession / gathering under the notification / guidelines issued by the Ministry of Home Affairs ( MHA) is not in respect of the people performing such activity, but the general public who, in order to seek blessings of the Goddess, particularly in the present situation, to offer their prayers to ward off the present Pandemic, may come out in large number which could result in gathering of the people leading to spread of Carona virus. Thus, the decision taken not to allow Ghatam Uregimpu is a well considered decision by the state administration and are in line with the guidelines issued by MHA under Disaster Management Act, 2005 and does not call for any interference by this court. 9. Having given due consideration to the submissions made as above, this court is of the prima facie view that the concerns expressed by the respondent authorities for not allowing the Ghatam Uregimpu (procession), cannot be said to be not genuine. However, having regard to the decision of the Supreme Court allowing the Jagannath Rath Yatra with the conditions imposed therein, it is open for the petitioner to approach the respective authorities empowered to accord permission for such procession by making an application afresh. This court is informed that the concerned authority for according permission for such kind of procession to pass through the public roads vests with the Commissioner of Police, Hyderabad City and the Concerned zonal Deputy Commissioner i.e., Deputy Commissioner of Police, South Zone, Hyderabad. 10. Upon the petitioner approaching the said authority with such a request, the said authority shall consider the same, keeping in view the judgment of the Hon'ble Supreme Court, and in particular the observation of the Hon'ble Supreme Court for allowing the said ritual by noting the situation prevailing in the State of Orissa with regard to the spread of Carona virus, in comparison to the situation of the Pandemic in the city of Hyderabad and in particular South Zone, whereat the petitioner temple is located and the route through which the petitioner intends to take the ghatams for immersion including the feasibility or otherwise of the other conditions imposed by the Hon'ble Supreme Court while allowing Rath Yatra in the State of Odisha, and pass necessary orders on the said representation of the petitioner.
11. Subject to above observation, the writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.