Durga Puja Pandals In State To Be No-Entry Zones For Visitors: Calcutta HC Directs State To Make People Aware To Exercise Self-Restraint [Read Order]

The Bench of Justices Arijit Banerjee and Sanjib Banerjee was hearing a matter wherein the concern of the petitioner, who had applied in the public interest, was that the COVID protocol, particularly the distancing norm, might not be maintained at the Puja pandals in the State and if free access would be permitted to the Puja pandals, particularly the more famous pujas in and around the city, the distancing norm could never be maintained.

Case of the Petitioner

The petitioner argued before the Court that the breach in such regard may lead to an uncontrollable spurt in COVID cases across the State.

According to the petitioner, ideally, strict restrictions on the conduct of Durga Puja should have to be placed by the State Government to ensure that there was no crowding.

The petitioner claimed that if the pujas were permitted to be low-key affairs, with visitors not being permitted at the public pujas, there may not be any fear of overcrowding or of the COVID protocol not being maintained.

The petitioner also pointed out that doctors across the State are expressing serious concern regarding what the situation may be after the pujas if such uncontrolled gatherings are allowed and the COVID protocol is not followed.

Stand of the State

The State submitted before the Court that several special measures have been put in place. In such regard, the State refers to a Government memorandum of September 28, 2020 intituled as the "General Guidelines for Durga Puja, 2020."

The State pointed out that all aspects have been covered in such guidelines and express directions have been issued in detail as to how entry and exit arrangements have to be made at Puja pandals, floor markings have to be placed and the wearing of the mask is mandatory.

The State claimed that volunteers have been asked to be deployed at all pandals "for ensuring compliance of norms of physical distancing among visitors" and advisories have also to be issued regarding Anjali, Prasad Bitoran and Sindoor Khela which are traditionally conducted during the puja.

The State pointed out that cultural programmes have been altogether prohibited and inaugurations and immersions have been directed to be conducted on a low-key.

Court's Observations

The Court was of the view that there could be no doubt that appropriate guidelines have been prepared by the State and individual aspects, such as the activities within the pandals, prohibition of carnivals and entertainment programmes and the like, have been extensively referred to in the guidelines.

Further, the Court observed that there is also no doubt that police personnel and administrative authorities across the State would put their best foot forward to ensure that the guidelines are followed just as all puja organisers are expected to adhere to the same.

Notwithstanding the exemplary guidelines issued both by the State and by Kolkata Police, the Court opined,

"It does not appear that there is any blueprint which has been prepared for the implementation of the relevant measures. The scenario in Kolkata may be seen for the purpose of understanding the enormity of the problem."

The Court further remarked,

"It is inconceivable that Kolkata Police will have enough personnel to man the more than 3000 pujas held within its jurisdiction or to meaningfully control the massive crowds expected, in addition to managing the traffic, attending to other law and order problems and continuing the usual investigation work. Though it is submitted on behalf of the State that most of the personal security officers allotted for VVIP security may be withdrawn during the pujas for such personnel to be deployed on puja duty at pandals or the like, it is inconceivable that VIP security will be completely absent during the time. If Kolkata Police does not have adequate personnel to manage more than 3000 pujas held within its jurisdiction, the State Police can scarcely be expected to control the crowds at the 31,000 other pujas in the districts across the State."

The Court also opined,

"When students across disciplines, whether in schools or colleges or engaged in higher studies have been prevented from attending educational institutions for more than six months and several students stand to lose a year, it is rather incongruous that puja festivities would continue as in the previous years."

The Court was of the view that if pandals are made no-entry zones and a certain distance from all sides of the pandals are covered as a part of the no-entry zone, the public at large would be aware that there wouldn't be any access within the pandals or even close to the same and the affinity to take to the streets may be less.

Further, the Court said that the order must not be seen to be a finding against the State for the inadequacy of the measures attempted to be put in place, but only as a supplement to ensure the proper implementation of such measures by the limited police personnel, volunteers and other administration officials and workers.

Court's Directions

* In public interest, all pandals where at Durga Puja is being celebrated this year are made no-entry zones for members of the public. Further, for the smaller pandals, a five-metre zone beyond the extremities of the pandals on all sides and, for the larger pandals, a 10-metre zone beyond the extremities of the pandal on all sides will be a part of the no-entry zone.

* The only exception would be for the named personnel, including the priest, who will be identified by the puja organisers in advance and whose names would be displayed for checks to be made at any point of time. At the smaller pandals 15 persons will be named in the list who may have access to the no-entry zone at all times. The number will be 25 to 30 in respect of the bigger to the biggest pandals.

* These directions will apply to all public puja pandals all over the State, including the 34,000 pujas which have obtained grants from the State.

* It will be open to the local police administration to identify which of the pandals will be regarded as small pandals for the restricted zone to be a distance of 5m beyond the furthest extremities of the pandals on all sides.

* Similarly, the local police authorities will identify which of the bigger puja pandals will require a 10m distance from the extremities of the pandals on all sides for the same to operate as a no-entry zone.

* It is necessary, particularly in small towns across the State, for an awareness campaign to be conducted even by the local media at such places to request people to maintain the distancing norm in the present COVID times and not to descend on the streets in hoards as in regular years to celebrate the Durga Puja festival.

Importantly, the Court said,

"The court hopes that the message is spread by the police and the executive authority all over the State to make people aware that it is in their interest that a degree of self-restraint must be exercised all around. The State and the police authorities will take immediate appropriate steps to give complete effect to this order."

Lastly, the Court said,

"The local police regulating the conduct of traffic and law and order in and around the pandals should ensure the strict compliance with the directions contained herein. The Commissioner of Kolkata Police and the Director-General of Police, West Bengal will file affidavits, indicating compliance with the directions contained therein. Such affidavits should be e-mailed to the Registrar-General by November 5, 2020."

Also, the State sought a stay of operation of this order. To this, the Court said that it is a matter of concern that the State finds the directions onerous. The prayer was unhesitatingly declined.