Breaking: Calcutta HC Allows Ganga Sagar Mela; Forms 3-Member Committee To Oversee Compliance Of COVID Protocols [Read Order]

The Calcutta High Court on Friday allowed the State Government to hold this year's Gangasagar Mela amidst the fresh surge in Covid-19 cases in the State of West Bengal. However, certain conditions have been imposed by the Court.

It may be noted that the Court, on Thursday, had reserved judgment in the plea seeking cancellation of this year's Gangasagar Mela amidst the spike in Covid-19 cases in the State.

Every year, on Makar Sankranti, lakhs of Hindu devotees flock to the Sagar Island in West Bengal's South 24 Parganas district to take a holy dip and offer prayers at the Kapil Muni temple. This year, the Mela is scheduled to take place from January 8 to January 16, 2022.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Kesang Doma Bhutia, inter alia, observed, 

The Home Secretary of the State will issue advertisements in the daily newspapers having wide circulation in the State of West Bengal and also through the electronic media making the public aware of the risk of visiting Gangasagar Island between 08th and 16th January, 2022 in large gathering and will make an appeal to them to stay safe and desist from visiting the Gangasagar Island during this period.

Pertinently, the Court also constituted a three Member Committee to regulate the crowd in the Mela and ensure compliance of directions issued by the Court. 

"A three Member Committee comprising of (i) Leader of Opposition in the State or his representative, (ii) Chairman, West Bengal Human Rights Commission or his representative and (iii) representative of the State is constituted which will keep vigil in respect of compliance of the above directions as also measures suggested by the State in the affidavit dated 06th January, 2022. In case if any shortcoming in compliance is noticed, then the Committee will make a recommendation to the State without any delay to ban entry in the island, on which the competent Authority of the State will take immediate action. Secretary of the West Bengal Human Rights Commission will coordinate between the Members of the Committee", the Court directed. 

The Court further underscored that under Article 21 of the Constitution of India, it is the responsibility of the State to protect the life and liberty of the people. . In terms of the Article 39(e) it is the responsibility of the State to direct its policy towards securing that the health and strength of workers, men and women and the tender age of children are not abused and Article 39(f) requires the State to give opportunity and facilities to children to develop in healthy manner, it was further averred. The Court further stated that pursuant to Article 47 it is the duty of the State to raise the standard of living and to improve public health.

The Court further reiterated that it is the responsibility of the State to make the general public aware by various means of publication and announcements about the adverse consequence of visiting a small island in large number.

Referring to the Covid-19 cases in West Bengal, the Court further observed that it cannot be denied that cases are increasing exponentially.

"The material placed on record indicates that the number of COVID cases in the State especially in Kolkata are increasing at a rapid rate. On 3rd January, 2022 the number of cases were 6078 which increased to 9073 on 04th January, 2022 and further increased to 14022 on 05th January, 2022. The galloping speed of increase of COVID cases is a warning signal which cannot be ignored", the Bench remarked further.

Other directions that have been issued by the Court are as follows:

o The competent authority of the State will take a decision to issue the Notification in terms of Section 3 of the Gangasagar Mela Act, 1976 declaring the Sagar Island as "Notified area" within a period of 24 hours from the pronouncement of this order.

o The Home Secretary of the State of West Bengal will ensure that the restrictions, especially the restriction No. 10 contained in the order dated 02nd January, 2022 issued by the State is duly implemented without any lapse in Gangasagar Island during the Mela period.

o The concerned authorities of the State will fully implement the directions which are contained in the order dated 8th January, 2021 passed in W.P.A. (P) No. 23 of 2020 in the case of Ajay Kumar De v. The State of West Bengal & Ors.

Background

On the last day of hearing, the Court had taken on record an affidavit filed by the State government which enumerated the measures taken by the State government to curb the spread of Covid-19 virus at the Mela. The Advocate General had further informed the Court on Thursday that the State government has decided to go ahead with the Ganga Sagar Mela by following the requisite Covid-19 protocol.

The Chief Justice on Thursday had further hinted at setting up an independent probe body to regulate the conduct of the Mela. 

The Court was adjudicating upon a plea moved by one Dr. Avinandan Mondal, a doctor by profession, who contended that the infection may spread further as around 30 lakh pilgrims visit the religious fair at Sagar Island every year. Accordingly, he sought directions to stop the Gangasagar Mela this year as the State of West Bengal has been witnessing an exponential rise in the number of Covid-19 cases.

Earlier, the Court had directed the State government to apprise the Court by January 6, of its decision as to whether it would permit the Mela to take place in a regulated manner or impose a complete ban. "Having regard to the severity of spreading of COVID virus, we expect that the State will seriously consider the plea to ban the Mela this year and take a decision in this regard keeping in view the following factors: (1) Earlier order of this Court holding that life is more important in every sense in comparison to religious practices, beliefs and faith. (2) Possibility of spread of virus on account of oral droplets and nasal droplets in the river water and their percolation and transmission through the water when the infected pilgrims will take holy dip. (3) The aspect of safety of not only the pilgrims but the persons coming in contact with the infected pilgrims and the police personnel deployed in the Mela and frontline health workers deputed in this process. (4) The State will duly take into account the positivity rate of virus and fact that within the last 24 hours there is 50 per cent increase in number of cases and also the fact that large number of doctors are already infected", the Bench had observed.

[With inputs from Sparsh Upadhyay]

Case Title: Dr. Avinandan Mondal v. State of West Bengal & Ors
Case Citation: 2022 LiveLaw (Cal) 1

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