Lawstreet Journal

'Matter Must Be Left to Local Administration': SC refuses to pass orders in a plea for restricted entry, live darshan

Lawstreet Journal 15 Jul 2020 8:53pm

Image courtesy: Lawstreet Journal Judiciary 'Matter Must Be Left to Local Administration': SC refuses to pass orders in a plea for restricted entry, live darshan

The Supreme Court on July 13 refused to put the brakes on this year’s Amarnath Yatra in Jammu and Kashmir, proposed to be held amid the coronavirus pandemic, saying it is a subject matter under the domain of the Executive and that the courts cannot “take over these powers under the rubric of judicial review”.

A three-judge Bench of Justices D.Y. Chandrachud, Indu Malhotra, and K.M. Joseph dismissed the petition filed by Shri Amarnath Barfani Langars Organisation, which had sought a directive to the Centre, the Union Territory of Jammu and Kashmir and Shri Amarnathji Shrine Board to restrict access of the general public, devotees, and pilgrims to the annual pilgrimage for 2020 given the Covid-19 outbreak.

The plea filed through Advocate-on-Record Amit Pai urged the Court to issue directions to ensure that proper arrangements to be made instead for “live darshan” through the Internet and electronic media to satiate the religious sentiments of devotees. The petitioners said the issue as to whether Amarnath Yatra 2020 should or should not be held is a matter that must be left to the “competence of the local administration”.

“Any decision that is arrived at has to be based on law and relevant statutory provisions holding the field. Entertaining a writ petition under Article 32 (enforcement of fundamental right) at this stage would necessarily involve this Court taking over an executive function of oversight over the local administration. We decline to exercise the jurisdiction under Article 32 to take over these powers under the rubric of judicial review.… Continue Reading...

Tagged: Lockdown   Amarnath Yatra  
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