Durga Puja : Calcutta HC Relaxes Entry Restrictions In Pandals; Allows Maximum Of 45 Persons At A Time [Read Order]

The Division Bench of Justice Arijit Banerjee and Justice Sanjib Banerjee was hearing 8 applications filed primarily by the organisers of Durga Puja in and around Kolkata, for modification of the order dated October 19, 2020.

Upon consideration of the submission made on behalf of the applicants and the parties and upon considering the effect of the order dated October 19, 2020, it was felt by the Court that such an order is required to be modified only in respect of the following:-

i. Dhakis [traditional drummers who play the dhak (drum) during Hindu festivals, primarily in Bengal] may be permitted, not within the pandal area but in the no-entry zone immediately beyond the pandals.

ii. It will be permissible for the dhakis to be inside the pandal, but in such event the number of other persons simultaneously allowed inside the pandal will stand reduced so that the maximum number of persons as permitted by the present order is not exceeded

iii. For all other purposes, such no entry zone has to be kept completely empty and the only exception that is made is for a reasonable number of dhakis to be allowed to play in such an enclosed place.

iv. It has been made clear that the dhakis should wear masks and maintain proper hygiene and distancing norms;

v. The directions as to the fixed charts (list of names of persons who will be permitted to enter the puja area) referred to in the order of October 19, 2020 stand modified and the charts will now be fixed for the day.

vi. Such charts must be put up by 8 a.m. and, in case of smaller pujas, may include up to 20 names, but not more than 15 persons in case of smaller pujas should get access to the pandals at any given point of time.

vii. At the highest end, the charts may include up to 60 names, but at no point of time should the number of persons present within the pandals or the covered area be more than 45.

viii. The norms for the highest-end pandals would only apply to pujas where the pandals cover an area in excess of 300 sq. metre excluding the dais on which the idols are placed.

In effect, these applications sought relaxation in some of the strict rules put into place by such order.

At the outset, when a direct query by the Court was made to the State, as to whether the State was challenging Court's order dated October 19, 2020, the State indicated that no petition for special leave to appeal was filed before the Supreme Court by the State.

On behalf of the applicants, it was submitted that phase by phase Anjali should be allowed during the Saptami, Ashtami, Navami and Sandhi Puja occasions.

It was submitted that Sindur Khela being a part of the puja celebrations, may also be permitted.

A specific prayer was made for the dhakis [traditional drummers who play the dhak (drum) during Hindu festivals, primarily in Bengal] to be accommodated, whether inside the pandals or in the 'No Entry' zone created beyond the pandals.

In addition, it was suggested that the number of local people to be given access within the pandals should be increased and it may not be possible for a fixed list of persons to hold good for all the days of the puja celebrations.

While considering the fact that that today (21^st October) is Panchami, the first day of the six-day celebrations, no submissions for further possible restrictions were allowed by the Court.

The State and the Petitioner in the Public Interest Litigation were heard. The State added to the submissions made on behalf of the applicants, that pursuant to a Central Government notification published on September 30, 2020, permission has now been accorded for religious, political and other gatherings to be held with 100 persons present.

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