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The Supreme Court today refused to allow Rath Yatra across the State of Odisha. In an earlier development, State Government had allowed the same only through Jagannath Temple, Puri.

A Full Judge Bench of Chief Justice NV Ramana, Justice AS Bopanna and Justice Hrishikesh Roy, while dismissing all applications seeking to conduct Rath Yatra in Baripada, Sasang and other cities, said,

“We hope God will allow us these rituals next year..

You want to pray to God, you can do it from home. I also wanted to go Puri but I could not in the last one and a half year. This isn’t the time. (said the CJI for himself)”

The Odisha Government by a notification dated June 10, 2021 had only allowed to conduct Rath Yatra in Puri whereas directed to conduct the rituals only inside the temples in other cities. 

Solicitor General submitted that the same be allowed with limited numbers and restrictions.

“Now what can be done is without any public congregation, Rath Yatra can be permitted to be conducted.The question right now is not for Puri but for other places,” SGI added.

On June 18, 2021 bench of former Chief Justice SA Bobde, Justice Dinesh Maheshwari, Justice AS Bopanna had issued notice returnable four weeks.

“It is not disputed that the number of people that are likely to gather for the annual Rath Yatra scheduled to be held from 23rd June, 2020, is going to be about 10 to 12 lakhs. The festivities normally continue for a period of 10 to 12 days. Having regard to the danger presented by such a large gathering of people for the Rath Yatra, we consider it appropriate in the interests of public health and safety of citizens who are devotees to restrain the respondents from holding the Rath Yatra this year. Article 251 of the Constitution of India itself confers the right to freely profess and propagate religion subject to health,” Court ordered. 

The Court had also directed to not conduct Rath Yatra anywhere in the temple town of Odisha or in any other part of the State and further directed to not hold any activities secular or religious associated with the Rath Yatra during this period.

However upon applications, the Court on June 22, 2021 had issued the following directions to hold rath yatra:

1. All entry points into the City of Puri, i.e., airports, railway stations, bus stands, etc., shall be closed during the period of Rath Yatra festival.
2. The State Government shall impose a curfew in the City of Puri on all the days and during all the time when Rath Yatra chariots are taken in procession. The State Government may also impose curfew in the city of Puri on such other days and during such time as deemed necessary. During the period of curfew no one would be allowed to come out of their houses or their places of residence, such as, hotels, lodging houses, etc. To start with, the curfew shall begin tonight at 8 P.M.
3. Each Rath, i.e.., Chariot, shall be pulled by not more than 500 persons. Each of those 500 persons shall be tested for the Coronavirus. They shall be permitted to pull the chariot only if they have been found negative. The number 500 shall include officials and police personnel.
4. There shall be an interval of one hour between two chariots.
5. Each of those who is engaged in pulling the chariot shall maintain social distancing before, during and after the Rath Yatra.
6. We are informed that certain rituals are associated with the Rath Yatra. We direct that only such persons shall be associated with the rituals who have been found to have tested negative and shall maintain social distancing.
7. The primary responsibility for conducting the Rath Yatra in accordance with the conditions and other norms shall be that of the Committee in-charge of Puri Jagannath Temple Administration. Each member of the Committee shall be responsible for due compliance with the conditions imposed by this Court and the general directions which govern ensuring of public health issued by the Union Government. In addition, the officers designated by the State Government for conduct of the Rath Yatra shall be responsible likewise.
8. The rituals and the Rath Yatra shall be freely covered by the visual media. The State Government shall allow TV cameras to be installed at such places as may be found necessary by the TV crew.
9. The bare minimum number of people shall be allowed by the Committee to participate in the rituals and in the Rath Yatra. We take a note of the fact that the State of Orissa has a good record of having controlled the pandemic with a very little loss of life. We see no reason why the same attitude of care and caution should not be applied to the Rath Yatra.
10. The State Government may take such help as may be found necessary from the Union Government. Shri Tushar Mehta, learned Solicitor General, has assured the Court that the Union Government shall offer all assistance and help to the State Government in this endeavour.
11. The State Government shall maintain a record containing details of all those who have been allowed to participate in the Rath Yatra or the rituals connected therewith along with details of their medical conditions after testing.

Case Title: ODISHA VIKASH PARISHAD Versus UNION OF INDIA AND ORS.