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SC asks UP to reconsider Kawad Yatra, gives it time till MondayAll other sentiments including religious are subservient to right to life of citizens, the bench said
Ashish Tripathi
DHNS
Last Updated IST
Uttar Pradesh Chief Minister Yogi Adityanath. Credit: PTI Photo
Uttar Pradesh Chief Minister Yogi Adityanath. Credit: PTI Photo

The Supreme Court on Friday told the Uttar Pradesh government to reconsider its decision on allowing the Kawad Yatra, or the court will pass its order on Monday, in view of the looming fear of the third wave of Covid-19.

"We are prima facie of the view that this is a matter concerning every citizen and all other sentiments including religious are subservient to right to life of citizens," a bench presided over by Justice R F Nariman said.

The court stressed that the UP government cannot go ahead 100 per cent with a physical yatra.

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The bench, also comprising Justice B R Gavai, told senior advocate C S Vaidyanathan, representing the UP government, in view of Covid pandemic and the fear of third wave, which looms over all Indians, the authority should reconsider of allowing Yatra at all for compelling religious reasons.

Vaidyanathan, for his part, replied, said we just want a symbolic yatra.

He pointed out that the Disaster Management Authority deliberated upon the matter and was of the opinion that due to compelling religious reasons if someone wanted to undertake the Yatra, they should seek permission, have negative RT-PCR report and also be fully vaccinated.

"We are all Indians and this Suo Motu has been taken up as Article 21 (right to life) of the Constitution applies to all of us. Either you reconsider to have it at all or we deliver the order," the bench said.

Vaidyanathan said authorities will be apprised and will come out with additional affidavit by Monday morning as to whether there can be a reconsideration of holding a physical yatra amid these conditions if at all.

The top court fixed matter for further hearing on Monday.

On July 14, the top court took suo moto cognizance of the Uttar Pradesh government's decision to allow Kawad Yatra amid the ongoing Covid pandemic.

In an affidavit, the Center said Kawadiyas should not be allowed to visit Haridwar to bring 'Ganga Jal' to offer at temples of their choice.

However, in view of age-old customs and religious sentiments, 'Ganga Jal' should be provided through tankers at different places.

It also said the state governments must ensure devotees adhere to Covid-19 appropriate behaviour during Kawad Yatra.

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(Published 16 July 2021, 12:00 IST)