In the light of latest development by Uttarakhand decision to suspend Chardham Yatra this year, legal luminary Faizan Mustafa discusses the stay order by High Court that came on June 28.
Giving his opinion in a video on his Legal Awareness series on YouTube he says that after the detailed order by the Uttarakhand High Court quoting the figures of health infrastructure and inoculation in the State, local people should not be allowed for the yatra or pilgrimage.
Recalling the time in 2020 when media attributed the corona spread to the Tablighi Jamaat gathering in the early days of eruption of virus, he says that the High Court dealing with cases against it observed that how the Jamaat people who were all negative could spread coronavirus. Then Kumbh Mela happened and it was the time of second wave wherein the government knew of coronavirus. Nonetheless, the Chief Minister Adityanath invited the people for Kumbh Mela and eventually it turned out to be super spreader all across the State and beyond.
Now Uttarakhand Government is in a hurry as the elections are due next year and so they want to do Chardham Yatra. He acknowledges that people are spiritual and says that freedom of religion is subjected to public health and morality. He explains that if right to life is more important therefore it cannot be compromised for religious purposes.
Reading from the order, he highlights that Kumbh Mela led to the death of 2 lakh people and contributed to the second wave in the country. At the time of second wave, health infrastructure failed and now the Chief Minister, instead of trying to improve the system, is engaged in wooing voters by organizing Chardham Yatra.
Furthermore, he points out that Justice Raghvendra Singh Chauhan is very daring and sophisticated judge. Prof Mustafa remembers working with him. He repeats the High Court order pointing out that if the Uttarakhand Government carries out the Chardham Yatra then it will bring about the third wave in the country. The June 25 cabinet decision to allow locals is against Article 21, 39e, 39f and national commitment to international conventions. He reiterates that the High Court saying that stopping this Yatra is essential for public safety as new variants of corona are increasing. He reads out the figures of patients, vaccinated persons and other health infrastructure mentioned in the order.
Praising the Uttarakhand High court orders passed during Covid, he believes that Supreme Court will also put stay on Yatra just like it ordered stay of Panchayat elections even after counting was carried out. He tells that the strict judgment brought doom day for corona.
He ends the video saying that State government should understand that they have the most powerful Prime Minter Modi and they can win. He requests the BJP to not play with the religious sentiments of people by mixing it with politics. He said that he believes that BJP will not face any challenge from any opposition party.