Covid19: Calcutta High Court rejects plea seeking cancellation of Gangasagar Mela

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The Calcutta High Court has given its nod to holding of Gangasagar Mela this year. A plea was filed by Dr. Abhinandan Mondal seeking the Mela's cancellation sighting the rising Covid-19 cases in West Bengal which was rejected.

The petition claimed that the infection may spread further as around 30 lakh pilgrims visit the religious fair at Sagar Island every year. The Mela is scheduled to take place from 8-16 January.

The Division Bench of Chief Justice Prakash Srivastava and Justice Kesang Doma Bhutia has allowed the Mela to be held but in a conditional manner. The Court has ordered constitution of three member committee to monitor the Covid protocol in the Mela. The Committee shall consist of representative of Human Rights Commission, Leader/ Representative of Opposition and State Chief Secretary/ Representative.

A Bench ordered the issuance of advertisement by the home secretary of the state in the daily newspapers and also through the Electronic Media making the public aware of the risk of visiting Gang Sagar Island between 8 to 16 January 2022 in large gatherings. The advertisement ought to urge people to stay safe and to desist themselves from visit the island.

The Court has further ordered Competent Authority of the State to issue the notification in terms of Section 3 of the Ganga Sagar Mela Act, 1976 declaring the Sagar Island as a notified area within a period of 24 hours. In case of non-compliance the three-member committee will make a recommendation to the state without any delay to ban entry in the island on which the competent authority of the state shall take immediate action.

The Court further noted that the State has issued the order that not more than 50 persons at a time shall be allowed for any social, religious and cultural gatherings.”  Gangasagar Mela being in the nature of social religious and cultural gathering, the order applies and it is required to be implemented by the State Authorities with full force.

Dr. Avinandan Mondal v. State of West Bengal