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Synopsis

The Calcutta High Court on Monday, June 19, criticized the State police for not allowing a chariot parade in Sankrail, Howrah, for Jagannath Rath Yatra this year, stating that the conditions that police had set amount to interference with religious practice.

A single bench of Justice Rajasekhar Mantha ruled that requiring the deity to travel without a chariot for around 300 metres during the journey would be exceedingly inappropriate. The same will invalidate, defeat, and jeopardise the Rath Yatra's mission and purpose.

“Over the decades and centuries, people of all religious denominations have participated with joy and actively supported Rathyatra in this State. To restrict a Rathyatra, and to impose conditions, therefore, would amount to interference with a religious practice which has not happened in this State or any other part of the country, till date,” the court said.

The West Bengal Police had issued a guideline stating that worshippers may use chariots to transport the deity up to a particular point, after which they must discharge the deity and carry them by hand to the temple due to traffic constraints.

On June 16, the Petitioner requested permission from the Court to hold a Rath Yatra march in a particular region. The Court had ordered him to get clearance from the proper police authorities. Aggrieved with the Police's response, the petitioner filed this urgent petition on June 19, 2023.

On June 19, an application was filed to seek the modification of the order passed on June 16, 2023, to permit the petitioner to carry the deity from the temple located near the Delta Jute Mill gate physically upto Beltala More and after that proceed from Beltala More on the chariot towards KDT Pole and even after that need be.

The court after hearing both parties said that to require the petitioner to physically carry the deity from the temple located near the Delta Jute Mill gate to Beltala More without a chariot would negate, defeat and compromise the object and purpose of the Rathyatra.

“A Rathyatra as folklore and mythology would have, meant for the deity Lord Jagannath and Balabhadra to travel on a chariot from their house to their sister’s house/aunt’s house to visit and to see an unwell aunt,” the court added.

There is no modification done in the order dated June 16, 2023.

The court said, “The petitioner shall as already directed earlier, maintain peace and harmony in the procession of the Rathyatra.”

The court also said that in case if there is anticipation of any vested interest or elements to disrupt the religious function, appropriate and stern procedural measures shall be taken by the police.

Accordingly, the court disposed of the petition.

Case Title: Manoj Mishra vs. State of WB