Take Proper Safety Measures While Burning Ravan Effigy On Dussehra; No High-Decibel DJs During Durga Puja: Orissa HC To Cuttack Authorities

The Orissa High Court has ordered the Deputy Commissioner of Police, Cuttack to ensure that no high-decibel DJs or loud music is played during the upcoming Durga Puja festivities. It has also ordered the Cuttack Municipal Corporation (CMC) as well as the Commissionerate of Police to coordinate for smooth celebration of 'Ravan Podi Utsav' (Ravan effigy burning).

A special Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a suo moto writ petition concerning the civil issues of the city of Cuttack.

Noise Pollution During Puja

During the course of hearing, the Advocates informed the Court that despite of previous direction to control noise pollution, there was a total violation of the Court's order during the immersion procession of Ganesh Puja.

Jagamohan Meena, DCP, Cuttack appeared before the Court and assured that no such thing would be allowed to be repeated during Durga Puja and further submitted that he would have a meeting with the President and Secretaries of different Puja Committees to apprise them about the negative effects of noise pollution on the mental and physical health of people.

The DCP also informed the Bench that in case of violation of the norms, strict actions shall be taken, including imposition fine and seizure of DJs, loud speakers and other sound producing machines.

Safety Measures Against Electric Accidents

Emphasizing the safety of people from electric accidents, the Court ordered the Superintending Engineer, Electrical, Cuttack and Junior Engineers in charge of different power sub-stations of the city to take all necessary safety and preventive steps during the Puja.

“They shall inspect the gates and mandaps regularly and see that Puja Committees are taking all kind of precautions and ensure that there is no wastage of electricity energy,” it further ordered.

Manpads/Pandals Over Public Road

Notably, the Court had earlier passed an order restraining all the Puja Committees of the city from constructing mandaps within the perimeters of the public road so as to avoid traffic congestions. Being aggrieved by such order, a number of committees approached the Court seeking a sympathetic view.

Surya Prasad Misra, Senior Advocate appearing for the Puja Committees informed the Court that different Puja pandals were already at the fag end of construction by the time the Court passed its restraint order. Thus, he requested the Court to allow them to keep the pandals intact and volunteered to help the police in smooth management of traffic during Durga Puja.

“In case such undertakings are filed within three days from today, no coercive steps shall be taken against the aforesaid two Puja Committees subject to their volunteers assisting the police in their respective areas during upcoming Puja days for hindrance free movement of traffic,” the Court ordered.

Conditions Of Roads In City

Bijay Kumar Dash, President of the High Court Bar Association handed over data relating to condition of roads in 59 wards of Cuttack. The Commissioner, CMC assured the Court that all the repairing works of the roads shall be completed before the Puja.

Further, the attention of the Court was drawn to the condition of roads under Ward No. 37. Though an affidavit was submitted stating therein that the repairing works shall be completed by 04.10.2024, but it was pointed out that no work has been taken up at all.

Being irked by the misleading affidavit of the CMC, the Court warned it of severe action and observed:

“It is a very sorry state of affairs that the C.M.C. authorities are giving misleading statements to this Court and we hope that in future, they would desist from such misadventure otherwise in appropriate cases, we would be constrained to take strict action against the erring officials.”

The Bench hoped that the works of the CMC shall continue in the right earnest and will be completed before the Puja. Encouraging the civic authorities, the Court invoked the lines of poet Robert Frost:

“The woods are lovely, dark and deep,

But I have promises to keep,

And miles to go before I sleep,

And miles to go before I sleep.”

Safe Observance Of Ravan Podi

An interim application was filed by an organisation namely Barabati Sarba Dharma Sanskrutika Parishad, asking for a direction to the CMC authorities to take immediate steps for smooth celebration of 'Ravan Podi Utsav'.

The attention of the Court was attracted to the deplorable condition of the ground where the religious ceremony has been continuously observed for last many decades. After taking account of the ground condition, the Court observed:

“Ravan Podi Utsav is celebrated on the occasion of Vijaya Dashami, which is considered the day of victory of goddess Durga over the demon king Mahishasura after a none-nights and ten-days long battle. This event also marks the victory of good over evil and commemorates the day when Lord Rama killed Ravana, as depicted in the epic 'Ramayana'. It is the duty of the authorities to see that religious ceremonies are celebrated without let or hindrance.”

The Commissioner, CMC informed the Court that steps have already been taken for cleaning of the ground and all the works shall be completed by 10.10.2024, well before the observance day, i.e. 13.10.2024 (Sunday).

“It needs no emphasis that during the said “Raban Podi Utsav”, since there is likelihood of huge gathering to see the event, the Commissionerate of Police shall take suitable measures to ensure the safety of people, take care of traffic and vehicle parking management. Fire engines shall be kept in readiness, at the concerned ground, so as to avoid any untoward incident,” the Court ordered.

Case Title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors.

Case No: Suo Motu W.P.(C) PIL No. 2140 of 2020

Dates of Order: October 03 & 05, 2024

Counsel for the Petitioner: Er. N.K. Mohanty, Amicus Curiae

Counsel for the Respondents: Mr. Jyoti Prakash Patnaik, Government Advocate; Mr. Debasis Nayak-A, Addl. Govt. Advocate & Advocate for CMC; Mr. Bijay Kumar Dash, Advocate & President of Orissa High Court Bar Association; Sujata Jena, Advocate

Click Here To Read/Download Order

Click Here To Read/Download Order