Siddineni Sree Satya Saibabu vs State Of Andhra Pradesh

Arup Kumar Goswami, CJ

Heard Mr. G. Narasimha Rao, learned counsel for the petitioner and Mr. C. Sumon, learned Special Government Pleader appearing for the respondents.

The petitioner who is a learned Advocate and District Secretary of Vishwa Hindu Parishad, East Krishna, Machilipatnam, Krishna District, has filed this writ petition in the nature of a public interest litigation questioning instructions Rc/H3/12/Festivals/2021 dated 02.09.2021 issued by the District Collector, Krishna at Machilipatnam and to direct the respondents not to interfere in performing Vinayaka Chavithi festival celebrations by general public as usual in centres (public places).

The case of the petitioner, in short, is that Government has relaxed COVID-19 conditions and permitted to open schools, colleges, hospitals etc. and had also permitted to conduct marriage functions and other customary festivals and restriction is imposed that gathering should be 150 members.

Vinayaka Chavithi festival (Ganesh Chaturthi) is scheduled to be performed from 10.09.2021. Respondent No.5 issued order (instructions) dated 02.09.2021 laying down conditions restricting, amongst others, that Ganesh idols shall not permitted to be placed in open areas and public places and processions, rallies etc. shall not be conducted.

Learned counsel for the petitioner submits that the order dated 2.09.2021 is arbitrary, illegal and cannot be sustained in law, as it has taken away the rights of the Hindu citizens in observing their religious rituals and conducting pooja and that the order dated 02.09.2021 is against Article 25 of the Constitution of India.

Mr. C. Sumon has submitted that the Home Secretary, Government of India by his letter dated 28.08.2021, advised the State Governments to take suitable measures to avoid large gatherings during the coming festive season and if required, to impose local restrictions with a view to curb such large gatherings and in all crowded places to arrest the spread of COVID-19. Pursuant to the above letter, the Director General of Police, Andhra Pradesh, had also issued a fax/radio message dated 01.09.2021 giving instructions to all the Commissioners of Police, Dy. Inspectors General of Police of all Ranges that no permission should be given for erection of Ganesh pandals in public places in violation of COVID guidelines. It is submitted by him that as third wave is looming large, precautions are essential to prevent spread of COVID-19. It is further submitted that there is no complete ban on performing pooja in private places and right to life of the citizens being of paramount importance, no interference is called for with the order dated 02.09.2021 laying down reasonable restrictions in the wake of COVID-19 pandemic. In this connection, he places reliance on orders dated 16.07.2021 and 20.07.2021 of the Hon'ble Supreme Court of India passed in In Re: ALARMING NEWSPAPER REPORT REGARDING KANWAR YATRA IN THE STATE OF U.P. (Suo Motu Writ (C) No.5/2021) and an order dated 08.09.2021 passed by a learned single Judge of this Court in W.P.No.19646 of 2021.

In the fax/radio message dated 01.09.2021, at paras 4 & 5, it is observed as follows:

4)"All the required precautionary measures for maintenance of law and order, peace and public tranquillity to be complied with and standard operating procedure on religious places issued by Ministry of Health & Family vide SOP dated 01.03.2021 (copy enclosed) as well as the prevailing guidelines and national directives for Covid-19 management issued by MHA should be followed.

5) Ganesh Idols should not be put in public places. No permission should be given for erection of Ganesh pandals in public places in violation of COVID guidelines. The Ganesh Idols may be put up in private precincts and the festival should be a private and not a public affair. Public may be educated about Covid-19 regulations well in advance and they should be counselled to perform pujas in their houses and precincts but not in the public places as there is every possibility of spreading the COVID menace (3rd wave) due to gatherings. Similarly no permission should be given for procession while immersion or use of loud speakers and loud music etc."

In the order dated 02.09.2021, following instructions were given to be followed while celebrating Vinayaka Chavithi (Ganesh Chaturthi) festival:

"a) All the devotees shall perform pooja in houses instead of public places in view of covid-19

b) Where people visit shops/Market places for procuring certain things for celebration in all such places public are advised to strictly adhere social distancing norms and always wear face mask

c) The Ganesh Idols shall not be permitted to place in open areas and public places

d) Processions, rallies shall not be conducted and congregations should be avoided in view of covid-19.

All the devotees shall wear masks, maintain social distancing and all precautionary measures of COVID-19 issued by Govt. of AP & Govt. of India shall be followed scrupulously."

In the order dated 16.07.2021, in the context of holding "Kanwar Yatra", the Hon'ble Supreme Court had observed that the same was a matter which concerns everyone of us as citizens of India, and goes to the very heart of Article 21 of the Constitution of India, which has a pride of place in the fundamental rights Chapter of our Constitution. It was also observed by the Hon'ble Supreme Court that the health of the citizenry of India and their right to "life" are paramount and all other sentiments, albeit religious, are subservient to this most basic fundamental right. In the order dated 20.07.2021, it was observed by the Hon'ble Supreme Court as follows:

"In these circumstances, we direct the State of Kerala to give heed to Article 21 read with Article 144 of the Constitution of India, and follow the law laid down in our orders in the Uttar Pradesh case i.e. 14.07.2021, 16.07.2021 and 19.07.2021. Also pressure groups of all kinds, religious or otherwise, cannot in any manner, interfere with this most precious Fundamental Right of all the citizens of India. We may also indicate that if as a result of the Notification dated 17.07.2021, any untoward spread in the Covid-19 disease takes place, any member of the public may bring this to the notice of this Court, after which this Court will take necessary action against those who are responsible."

W.P.No.19646 of 2021 was filed seeking mandamus declaring the action of respondents 2 and 3 i.e. the Superintendent of Police, Tirupati Urban and the Commissioner, Tirupati Municipal Corporation in not granting permission to celebrate Vinayaka Chavithi festival by installing Lord Ganesh statue at Kesavayanagunta, Tirupati, Chittoor District, as illegal, arbitrary and unconstitutional and consequently direction was sought to the respondents to accord permission to the petitioners to celebrate Vinayaka Chavithi festival with Lord Vinayaka statue forthwith.

By order dated 08.09.2021, this Court had directed the State and Central Governments that under no circumstances pandal can be erected or idol of Lord Ganesh can be installed in any public place either on the road or in a place where there is possibility of having huge public gathering.

While it is true that there has been graded relaxation of norms resulting in gradual reopening of schools and colleges and marriages, religious gatherings are also permitted, as rightly submitted by Mr. C. Sumon, it will not be possible to maintain COVID norms if Ganesh idols are permitted to be placed in public areas as nobody will have any control over such gathering.

As held by the Hon'ble Supreme Court, the health of the citizenry of India and their right to life are paramount and this is what is sought to be protected by the order dated 02.09.2021. In that view of the matter, we find no good ground to interfere with the said order and, consequently, the writ petition (PIL) is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.