"Avoid Large Congregations, Show Restraint, Be Responsible": Delhi HC Disposes Plea Challenging Ban On Religious Gatherings On Christmas, New Year

Appealing to the people to avoid large congregations and show restraint in light of the increasing number of COVID 19 cases, the Delhi High Court on Friday disposed of the plea challenging the orders of Delhi Government imposing a complete ban on religious gatherings during Christmas and New Year at religious places of worship.

"We appeal to the people to avoid large congregations in the light of number of active cases of COVID19 and to show restraint," said Justice Vipin Sanghi and Justice Jasmeet Singh.

The Court disposed of the plea in the light of DDMA's clarification issued yesterday stating that churches, temples, mosques etc are open for visitors or devotees to offer prayers and celebrations subject to strict compliance of SOPs and COVID appropriate behaviour.

"We would appeal to the public, in their good sense, to be responsible and not gather in large numbers," the Court said.

Filed through Advocates Manoj V George, Shilpa Liza George, Akriti Seth, Amit Kumar and Palak Arora, the plea stated that while the Delhi Government had permitted bars, restaurants, auditoriums, etc. to function with 50% capacities and theatres to function with 100% capacity, it has completely barred religious gatherings.

The plea stated that the aforesaid action is violative of Article14 of the Constitution along with the Right to freedom of religion to profess and practice, as envisaged and guaranteed under Articles 25 & 26 of the Constitution.

The Delhi Government had vide circular dated 22 December 2021 issued a slew of directions wherein it had directed all District Magistrates to strictly ensure compliance of the Covid protocol, prohibiting all gatherings or congregations for celebrating Christmas and New Year.

"All ardent devotees of Christianity who have been undergoing lent season for last 25 days have been prohibited in Delhi from attending Chapel Masses on the eve of Christmas but the citizens are allowed to have gala dinners and commercial activities and shopping etc in Christmas. The selective exclusion of religious places of worship is in violation to Constitutional principles," the plea read.

Accordingly, the plea challenged impugned Orders dated December 12 and December 22, 2021 to the extent of prohibiting the religious gatherings during Christmas and New year at religious places of worship. 

Case Title: KAMLESH JACOB &ANR. v. State (NCT of Delhi) & Anr.