Nanded Gurudwara Dusshera Procession: Bombay High Court Allows Procession With Conditions [Read Order]

The division bench of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni was hearing the plea (under Article 226 of the Constitution Of India) of 'Takht Sachkhand Shri Hazur Apchalnagar Sahib Board, Nanded' filed assailing the order dated 21.10.2020 passed by the Maharashtra State Disaster Management Authority (SDMA).

However, the High Court on Friday (23^rd October), directed that the petitioner may celebrate/conduct the Takhat Isnan, Dipmala Mahalla, Gurta Gaddi Kirtan and Gurta-Gaddi Sampathi Kirtan Darbar Nagar Kirtan at the event of Dussehra at Nanded, by observing the following conditions:-

(i) The petitioner may carry – (1) One Palkhi Sahib with Hon'ble Shri Guru Granth Sahibji, (2) Historical Nishan Sahib 16 numbers (3) Horses of Guru Sahib, 5 numbers, 4) Kirtan Jathe 03 numbers. The same shall be on two large open trucks. Sixteen persons would board on one truck and eight persons would board another truck. The same would be for the distance of 1.5 Kms. as was suggested in the application of the petitioner. The route shall be detailed to the authorities on 24.10.2020.

(ii) The petitioner shall get the test of Covid-19 performed of the persons boarding the trucks. Only those persons whose reports are Covid-19 negative shall be permitted to board the trucks. The said open trucks would be accompanied by a pilot car and the escort car of the Police Department.

(iii) The petitioner shall take videograph of the entire event from the stage of loading and the culmination of the event.

(iv) The responsible officer preferably Secretary of the petitioner shall give personal undertaking to the authority of the respondent that he would supervise the entire proceedings and that no violation of the conditions would take place, so also would be responsible for the proceedings to be conducted as per the terms upon which the permission is granted.

(v) Enroute, there shall not be congregation of persons. No person shall accompany the two open trucks on foot.

(vi) Proceedings shall commence at 4.00 p.m. and conclude at 5.30 p.m.

Notably, the Supreme Court on Monday (19^th October) had directed the 'Nanded Sikh Gurudwara Sachkand Shri Hazur Abchalnagar Sahib Board' to approach the 'Secretary, Disaster Management Department' and for the State authorities to hear the plea by Tuesday (20^th October).

A Bench headed by Justice L. Nageswara Rao, was hearing a plea, filed by the Gurudwara, seeking permission to conduct "Dusshera, Takht Isnan, Deepmala and Gurta Gaddi" procession as the per the three centuries-old custom.

As mentioned earlier, the permission sought was rejected by the 'Secretary, Disaster Management Department' and so the Petitioner ('Takht Sachkhand Shri Hazur Apchalnagar Sahib Board, Nanded') moved the High Court, which ultimately granted it the relief.