The bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad of Jharkhand High Court on Tuesday reserved order on the petition of BJP’s Godda MP Nishikant Dubey who had sought judicial intervention to direct Jharkhand government to allow world famed one and half month long annual Shravani fair at Baidyanath Dham temple in Deoghar district.
The court recorded arguments and deferred the case till July 3 and decision of the court on this matter is expected on July 3 at a time when the Shravani fair is scheduled to start from July 6.
Lakhs of devotees across the world visit Deoghar to offer prayer. Besides, an equal number of devotees throng at Basukinath temple for prayer; one of the important shrines of Lord Shiva situated in Dumka district about 60 km from Deoghar district.
Including Baidyanath Dham temple all places of religious worship were shut down following the order of the government owing to outbreak of Covid 19.
The government contended that such fairs if allowed will gather large scale gathering which may cause community transfer of Covid 19. The government lawyer also informed the court that the government has also extended lockdown till July 31 hence in the larger interest of the public health permission can’t be granted to organize the fair.
Petitioner Dubey on the other hand was represented by his lawyer Ravi Prakash Mishra said that government should allow Shravani fair with such restrictions and precautions as the authorities of the government may decide adding that absolute ban of prayer and darshan will hurt the sentiments of devotees.
Petitioner informed the court that the union ministry of Health and Family Welfare had issued a detailed circular on June 4 stating that religious places of worship for public in containment zones will remain closed. Only those outside containment zones will be allowed to open up. The decision of the Jharkhand government to keep religious places closed is against central’s directive.
The petitioner had made Jharkhand government, Deoghar DC, Baba Baidhnath Temple Management Board besides Panda Dharma Rakshni Sabha as the party in this case. Later on the court also made the Bihar government as a party of this case.
During the fair a large number of devotees fetch water from the Ganga at Sultanganj in Bihar. From Sultanganj they walk around 105 km with ‘kanwars’ to offer holy water on the ‘Jyotirlinga’ at the temple.
Dubey had contended that daily prayer and annual shravani mela in Deoghar and Basukinath are sanctioned and mandated by sacred scriptures such as Askandpuran, Brahmapuran, Shivapuran and Padma Purana.
It was claimed that never in the past the darshan and Kanwar yatra were stopped even during the worst natural disasters and epidemics like Cholera and Plagues that took place in the 19th Century.
Dubey also referred to the recent judgment of the Supreme Court where the court allowed the Rath Yatra at Puri with certain conditions and sought similar order. He said that any disruption in centuries old tradition will hurt religious sentiments of devotees.
The petitioner also further pointed out that this annual fair is statutorily mandated by record of rights framed under the British Rule (Act of 1876) which grants a unique and special importance of Baba Baidyanath Temple and Basukinath temple.