Calcutta High Court Allows Holding of Gangasagar Mela Following Covid Restrictions
Calcutta High Court Allows Holding of Gangasagar Mela Following Covid Restrictions
The court also directed the West Bengal government to take a decision within 24 hours to declare Sagar Island, where the annual fair is held, as notified area.

The Calcutta High Court on Friday allowed the Bengal government to host the Gangasagar Mela this year amid a steep rise in Covid-19 cases in the state, but imposed conditions that would make the fair virtually lose all its sheen once implemented.

In its judgment, the Division Bench of Chief Justice Prakash Shrivastava and Justice Kesang Doma Bhutia directed the Bengal government to “implement with full force” the state’s own order, dated 2 January 2022, at the Mela premises. The order issued in the wake of the fresh surge in Covid-19 cases stated that “not more than 50 persons at a time shall be allowed for any social, religious and cultural gatherings”.

During the course of hearing of the Public Interest Litigation filed by a medical practitioner Dr Avinandan Mondal seeking a ban on the fair this year, the state submitted that it was expecting a congregation of over 5 lakh pilgrims at the Sagar Island during the course of the Mela from 8-16 January.

“The Home Secretary of the State of West Bengal will ensure that the restrictions, especially the restriction No 10 contained in the order dated 2nd January, 2022 issued by the State is duly implemented without any lapse in Gangasagar Island during the Mela period,” the judgment read.

The Court constituted a three-member panel comprising Leader of Opposition in the State or his representative; Chairman, West Bengal Human Rights Commission or his representative and a representative of the state government to “keep vigil in respect of compliance of the court’s directions”.

The Committee can recommend to the state to ban all entry to the island in the eventuality of non-compliance with the Court’s orders based on which the administration would have to take immediate action, the judgment stated.

The High Court has also directed the government to declare Sagar Island as a “notified area” by invoking Section 3 of the Gangasagar Mela Act, 1976 within a day of the pronouncement of the order. The Section addresses health, safety and welfare of the attending pilgrims.

Welcoming the judgment, Suryaneel Das, petitioner’s counsel said, “We are not quite sure how the state would follow the order to the letter since the state’s own security personnel, health workers, volunteers and various administrative officials would number a few thousand at all times at the Mela premises. Having no more than 50 people at a time means, for all practical purposes, there would be no Mela.”

In keeping with the spirit of the judgment, the Bench also directed the Mamata Banerjee administration to carry out activities to effectively dissuade pilgrims from attending the fair in great numbers.

“The Home Secretary of the State will issue advertisements in the daily newspapers having wide circulation in the State of West Bengal and also through the electronic media making the public aware of the risk of visiting Gangasagar Island between 08th and 16th January, 2022 in large gathering and will make an appeal to them to stay safe and desist from visiting the Gangasagar Island during this period,” the judgment added.

“We will keep a close watch on how the state goes on to implement the order. We will decide on our next course of action based on our findings,” Das warned.

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