Srinagar: Jammu and Kashmir High Court on Tuesday directed governments in J&K and Ladakh to “immediately consider such appropriate measures as are essential with regard to places of religious importance and tourist popularity keeping in view the public health emergency arising out of the risk of spread of COVID-19 in the J&K.”
Hearing Public Interest Litigation, a division bench of Chief Justice Gita Mittal and Rajesh Bindal issued a direction to the Deputy Commissioners in all the districts of the Union Territory of Jammu and Kashmir as well as Ladakh, to examine the provisions of the National Disaster Management Act, 2005 and all other laws, and “if deemed appropriate, take appropriate steps as may be advised.”
“Keeping in view the urgency of the matter, we direct the Government of Union Territories of Jammu and Kashmir and Ladakh to immediately consider such appropriate measures as are essential with regard to places of religious importance tourist popularity keeping in view the public health emergency arising out of the risk of spread of COVID-19 in the Union Territories, and notify and implement the appropriate measures at the earliest,” the court said.
It passed the direction after court’s attention was drawn by advocate Monika Kohli, Amicus Curiae, to the “importance of minimization of social interaction and ensuring social distancing.”
She submitted that Jammu, Kashmir and Ladakh have several places of religious importance and popular tourist destinations. Amongst others, she said there temples such as Mata Vaishno Devi Shrine, Katra, Raghunath Temple, Jammu, Panch Mandir, Trikuta Nagar, Jammu, Kheer Bhawani, Ganderbal, Ranbireshwar Mandir, Shalamar Jammu, Bawe Wali Mata Temple, Bahu Fort and Mattan Temple, Anantnag.
She said that there a number of Gurdwaras such as Bibi Chand Kour, Gumat Jammu, Gurudwara Fateh Singh, Gandhi Nagar, Jammu, Gurudwara Nanak Nagar, Jammu, Chhati Patsahi Gurudwara, Kashmir, Gurudwara Sheesh Ganj Sahib, Kashmir and Mattan Sahib, Mattan, Anantnag .
Regarding mosques, she said there is Jamia Masjid, Talab Khatikan Jammu, Jamia Masjid Nowhatta, Srinagar, Shahadara Sharief, Rajouri, Hazaratbal Shrine Srinagar.
Regarding Churches and Monasteries, she said there is Garrison Church, Gandhi Nagar Jammu, Holy Family Catholic Church M.A Road, Srinagar and Monasteries Thiksey Leh, Hemis, Leh, Alchi, Leh, Likir, Leh.
“There is not only heavy footfall of pilgrims but huge crowds during congregations. The pilgrims to these shrines are coming not only from various places in India but from all over the world,” said. The court also said that the judicial notice can be taken of the fact that the Navratri festival is to commence from 25th of March, 2020.
“We are also informed that keeping in view the emergent situation, circular has been issued by the Sidhi Vinayak Trust directing that in wake of the Corona virus outbreak in Mumbai, the temple premises would remain closed to public for darshan,” the court observed. It said certain restrictions are stated to have been imposed by the Trust known as Tirumala Tirupati Devasthanams (TTD) with regard to worship at the Tirupati Temple, Andhara Pradesh.
“This Court would not have the competence either to evaluate the steps which are necessary or the expertise to impose appropriate restrictions inasmuch as not only the administration but public health authorities as well as security agencies would be required to work together to suggest the appropriate measures,” the court said, adding, “One of the measures that this Court has directed to prevent social interaction and distancing has been a direction to the trial Courts not to insist on personal appearance of prisoners and to use the facility of video conferencing for extension of remands and as a substitute for prisoners’ appearance and production of prisoners from jails.”
Similar exercise was being proposed for Juvenile Justice Boards exercising jurisdiction under the provisions of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013, the court added.
