Police restricting Jagannath Rath Yatra would amount to interference with religious practice: Calcutta High Court

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On June 19, the Calcutta High Court criticised the West Bengal Police for not allowing the Rath Yatra from the temple located near the Delta Jute Mill gate to Beltala More. The court held that the same would “negate, defeat and compromise the object and purpose of the Rathyatra.”

The court noted the festival’s historical significance, with the festival being celebrated in India for thousands of years. The court observed that over the decades and centuries, people of all religious denominations have participated in the Rath Yatra with joy.

The court said, “It would be grossly inappropriate on the part of the police to dictate that the deity has to travel without a chariot half way on the journey i.e. for about 300 meters.”

The court held, “To restrict a Rathyatra, and to impose conditions therefor would amount to interference with a religious practice which has not happened in this State or any other part of the country, till date.”

The court directed the petitioner to maintain peace and harmony during the Rathyatra. The court has further directed the West Bengal Police to take “appropriate and stern procedural measures” if there is any “anticipation of any vested interest or elements to disrupt the religious function.”

Stories Behind Jagannath Rath Yatra

Come Asadha (June-July), a Hindu month, people from all over the world throng to Puri in Odisha to see one of the most spectacular events, i.e. the Jagannath Rath Yatra. It marks the annual visit of Bhagwan Jagannath (by which name Bhagwan Krishna is known in Odisha) to his birthplace, Gundicha Mandir. The caravan of Bhagwan Jagannath, on the way, stops at their maternal aunt’s place – Mausima Temple – to take a meal of sweet pancakes, Jagannath’s favourite dish, as believed.

During his journey, Bhagwan Jagannath is also accompanied by the celestial wheel called Sudarshan Chakra. Lakhs of devotees converge at Puri for this festival. Idols of Bhagwan Jagannath, his brother Balabhadra and sister Subhadra are taken in giant size wooden chariots to Gundicha Ghar. The deities are kept there for a week and then returned to the temple. The journey back consists of another ritual known as Bahuda Rath Yatra.

It is said that on this special day and for seven days afterwards, Bhagwan Jagannath descends from His pedestal and mingles with His devotees. There are no barriers between Him and His worshippers. Each deity has its own massive chariot, which is a replica of the temple. The day before the Rath Yatra, the three chariots are lined up alongside the Arun Stambha, an 18th-century pillar situated in front of the temple.

On the day of the Rath Yatra, a special group of priests or servitors called daitapatis takes over the charge from the regular Brahmin priests of the temple. But the most popular ritual is perhaps that sweeping of the chariots by the descendants of the Maharaja, heralded by the gaily-caparisoned elephants, sweep the chariot platforms with a gold-handled broom and sprinkle scented water. A humbling act, it symbolises that everyone is a servant of Bhagwan Jagannath.

A couple of weeks before the commencement of the Rath Yatra, the idols are given a ritual bath and kept in seclusion. During this period, the temple remains close to the visitors.

In the olden days, people used to throw themselves beneath the giant wheels of the chariot to be crushed to death so that their place in heaven was assured. However, that practice no longer exists.

People refrain from eating non-vegetarian food on this occasion. Nowhere else is a deity, once installed and consecrated, taken out of the temple. The Bhagwan Jagannath Temple at Puri is the sole exception to this general rule. In fact, during the yatra, the chariots become mobile temples, which sanctify the city.

Bhagwan Jagannath is said to have expressed his desire to visit his birthplace every year for a week. To another legend, Subhadra wanted to visit Dwarka, her parent’s home, and her brothers took her there on this day. The yatra is believed to be a commemoration of that visit. According to the Bhagavad Purana, it is believed that it was on this day Bhagwan Krishna and Balaram went to Mathura to participate in a wrestling competition at Kansa’s invitation.

Ram Navami Violence

Notably, the Calcutta High Court has directed the West Bengal Police to take appropriate and stern procedural measures if there is an anticipation of elements to disrupt the religious function. The court’s stern directions to the state police are in view of the pre-planned violence caused during Ram Navami processions earlier this year. On April 27, the court transferred the probe into the incidents of violence during the Ram Navami processions to the National Investigation Agency (NIA).

The court had said, “Thus, from the above facts it is evidently clear that despite the offences being committed under the Act mentioned in the schedule to the NIA Act, no case has been registered under the provisions of such Act. It raises a series doubt in our minds as to whether this was a deliberate attempt by the investigating police fighting shy of resorting to the procedure required to be complied with under Section 6(1) of the NIA Act.”

The court observed that the state police has underplayed the true state of affairs as the police have been directed to transfer the probe to the NIA in more than 8 cases. The court said, “the state police having been directed by this Court in more than 8 orders to transfer the matter to the NIA, in the present incidents they have under played the true state of affairs which in our view should not be permitted.”

Furthermore, the court said that it is prima-facie found that there was a deliberate attempt of the police to not register offences under the Explosive Substances Act.

The court said, “we prima facie find that there has been a deliberate attempt on the part of the concerned police not to register any offence under the provisions of the Explosives Substances Act. There is also mention about the acid bottles and if be so, necessarily offence under the scheduled Act having been committed, the procedure under Section 6(1) of the NIA Act should have been resorted to.”

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