The Supreme Court on Friday said that Uttar Pradesh will not be allowed to carry Kanwar Yatra. It added that the right to health of citizens of the country is of paramount importance and all other sentiments including religious sentiments are subservient to the same.
The observations were made by a Bench of Justices Rohinton Nariman and BR Gavai in a suo motu case relating to holding of the annual Kanwar Yatra amid COVID-19 pandemic.
Though the State of Uttarakhand had called off the yatra, Uttar Pradesh (UP) had decided to go ahead with the same leading to the present suo motu case before the top court.
“We are of prima facie view that it concerns all of us and is at the heart of the fundamental right to life. The health of citizenry of India and right to life is paramount, all other sentiments whether be religious is subservient to this basic fundamental right,” the Court said.
The Court further remarked that State of Uttar Pradesh will not be allowed to go ahead with the Yatra.
“State of Uttar Pradesh cannot go ahead with it. 100 percent,” the Court said.
The Court did not pass any directions on Friday but listed the matter for further consideration on Monday.
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State of Uttar Pradesh told the top court on Friday that total ban on the yatra will be inappropriate.
“Thus, the state disaster management authority thought to conduct it in a symbolic manner with ‘Gangajal’ be made available in tankers (instead of collecting it from Haridwar),” Senior Advocate CS Vaidyanathan submitted on behalf of UP.
The ‘Gangajal’ can then be taken to nearest Shiv temple for ‘abhishek’.
The Supreme Court, however, said that the State will have to rethink whether this physical yatra should be permitted at all.
It allowed UP time till Monday to examine the issue and file an additional affidavit in this regard.
“We can give you one more opportunity to consider holding yatra physically at all. This or else we pass an order. We are all Indians and this suo motu has been taken up as Article 21 applies to all of us. Either you reconsider to have it at all or we deliver,”Justice Nariman remarked.
The Court then recorded the same in its order before adjourning the case for Monday next week.
Supreme Court had, on Wednesday, taken suo motu cognizance of the decision of Uttar Pradesh (UP) government to allow the annual Kanwar Yatra amidst the COVID-19 pandemic and stated that “we cannot compromise “even a bit” when third wave of COVID stares at us.
The yatra is scheduled to be held from July 25.
