Char Dham: Uttarakhand High Court stays State’s decision to allow pilgrims to attend, recommends live streaming

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The Uttarakhand High Court on Monday stayed the State cabinet’s order to permit local pilgrims to attend the Char Dham Yatra from 1st July, 2021, for the locals of the three districts namely the Kedarnath shrine (Rudraprayag district), Badrinath shrine (Chamoli district), Yamunotri and Gangotri shrines (Uttarkashi district).

“The question is not how many people are visiting but how cleverly the data is presented to the court, to misguide it. That is where we need to take action.” – Observed the Bench

The Division Bench of Chief Justice RS Chauhan and Justice Alok Verma after taking into account the imminent threat due to a possible third wave of COVID-19 pandemic. The bench said it was not satisfied with the preparedness of the government, especially regarding the healthcare facilities and status of Covid inoculation in these three districts.

“Advocate General you just cannot sign the documents and produce before HC. The Court is not redundant, it plays a pivotal role. I can haul you up for perjury. The generosity and patience of HC is taken for granted. We have permitted you thrice and you give us incomplete report.”- Observed the Bench

Previously, on June 23, the court had lashed out at the state government for having announced Char Dham yatra from July 1 amid fears of the third wave and delta plus variant. The court had directed the state government to review its decision in the Cabinet meeting and inform it about the same on June 28. The Bench had stressed that “Perhaps the Char Dham Yatra needs to be postponed or cancelled, as already the Amarnath Yatra has been cancelled by the Jammu & Kashmir administration.”

“Why is it every time you submit incomplete affidavit? I am seeing this since January” noted Bench after it questioned the Respondents with respect to implementation of the 'dos and don'ts' laid down in the SOP.

The Bench was informed by the Advocate General that the Cabinet had mandated RT-PCR tests for the pilgrims, who would only be allowed in a limited number.

“We Indians can be very cleaver when it comes to follow our own laws. We are best at violating the laws. Who is going to check fake RT-PCR reports?”- Observed the Bench

The Advocate General submitted that it had to hold consultation with the Devasthanam Board and had decided to hold Char Dham Yatra in July and about Live Streaming of the ‘pooja-archana’ in the Temple

 The Court questioned, “From where does the question of consultation comes from? If the Government decides to live stream shrines, who is the Devasthanam board to decide the Government's actions?”

The Bench was further informed by the State that there are few priests who are troublemakers and causing problem not agreeing to livestreaming.

“Supreme Court has previously said that the govt cannot succumb to the wishes of who create chaos. If someone doesn’t agree please send them to CoVID hospitals and show pictures. As them what is their Dharma? Talk to them in their language and not in legal jargon.” – observed the Bench.

The Bench will hear the matter next on 7th July.