Read Time: 07 minutes

The Calcutta High Court has modified its order on Gangasagar Mela Committee which shall now be a two member committee comprising of a retired High Court Judge and Member Secretary West Bengal Legal Services Authority to keep vigil on abidance of Covid-19 protocol at Gangasagar Mela.

The Division Bench of Chief Justice Prakash Srivastava and Justice Kesang Doma Bhutia by its earlier order had allowed the Mela to be held but in a conditional manner.

The Court had ordered constitution of a 3-member Committee to monitor the Covid-19 protocol in the Mela. The Committee would have consisted of a representative of Human Rights Commission, Leader/ Representative of Opposition and State Chief Secretary/ Representative.

On Monday, the Court heard a bunch of petition challenging this order. The state of West Bengal had prayed to substitute the Leader of the Opposition and Chairman of West Bengal Human Rights Commission with independent personnel from the non-government and non-political entity. It was further submitted that the post of Chairman West Bengal Human Rights Commission (WBHRC) is vacant at the moment. 

Further, West Bengal Doctor's Forum had also submitted that the committee shall consists of medical personnel and independent outsiders. It was submitted that the State had only declared Gangasagar Mela ground as a 'notified area' instead of the entire Sagar Island, in express non-compliance of the Court order. 

The High Court bench, thus observed that "since there is allegation of non-compliance of directions of this Court, therefore, responsibility is also required to be fixed on the competent authority of the State." The Court, in pursuance of the above, ordered the following:

• The order dated January 7, 2022 is modified and substituted by constituting two member Committee comprising of Smt. Samapti Chatterjee, Retired Judge of the Calcutta High Court as Chairperson and Member Secretary, West Bengal Legal Services Authority as the members, who will keep vigil in respect of compliance of the directions contained in the order dated January 7, 2022 and the measures suggested by the State.
• Secretary, Home will extend all requisite assistance including arrangements for transportation, security etc. to the above Committee.
• In case of any shortcoming in compliance of the direction of the Court is noticed or it is found that gathering in Mela is leading to spread of Covid-19 virus then the Committee will make a recommendation to the State without any delay to ban entry in the Sagar Islands, on which the competent authority of the State will take immediate action.
• Principal Secretary, Health and Family Welfare Department, Government of West Bengal will ensure that only persons who have received the two doses of Covid-19 vaccination and are having second vaccination certificate are permitted to enter the Sagar Islands during the Mela period.
• Only those who are having Covid-19 negative in RTPCR report of within 72 hours, will be permitted to enter the Sagar Islands.
• The competent authority of the State is directed to issue a notification in terms of Section 3 of Gangasagar Mela Act, 1976 declaring the whole of the area within the Sagar Islands as notified area within 24 hours. 

The Chief Secretary, Government of West Bengal has been made personally liable to ensure the compliance of the Court's directions. 

Cause Title: Dr. Avinandan Mondal v. State of West Bengal & Ors.