38.6c New Delhi, India, Tuesday, May 21, 2024
Judiciary

Kerala High Court Dismisses Plea Against Gatherings At Places Of Worship [READ JUDGEMENT]

By Ghazal Bhootra      31 July, 2020 07:09 PM      0 Comments
Kerala High Court Dismisses Plea Against Gatherings At Places Of Worship [READ JUDGEMENT]

The High Court of Kerala has recently dismissed a plea that sought to challenge an order issued by the government that allows a congregation of up to only 100 persons at locations of worship.

The PIL argued that the state government does not have the jurisdiction to allow any religious congregation, even if they set 100 as a maximum number or not, as there is a complete ban on religious assembly. 

The petition was lodged by Advocate Jayakumar TV and Advocate Mansoor BH.

The division bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chali noted that the petitioners did not give an explanation for declaring the order illegal, but sought to challenge the compatibility of the government to make these guidelines. The court observed: “One will have to give a meaningful intent when the Central government has issued guidelines for opening activities in religious places/places of worships for the public, whether a person belongs to Hindu/Muslim/Christian or any other religion.” 

The argument that there was an absolute bar on religious assembly was not taken into consideration. As under Section 38 of the Disaster Management Act, 2005, the state government had the power to frame rules that would aid in preventing the spread of COVID-19 cases. 

The Additional Advocate General, representing the state, argued that in places of worship a maximum of 100 persons were allowed and worshipers had to preserve physical distancing of six feet in such places. Moreover, only 15 persons would be allowed in any 100 square meters area. If 100 people were to gather, it should be at a 7,000 square feet site.

He also mentioned that in the exercise of the powers given under Section 20(3) of the Disaster Management Act, 2005, the Chief Secretary and Chairperson, State Executive Committee of the State Disaster Management Authority have the power to give orders and that there is no repugnancy that enables Article 254 of the Constitution of India and it is not in contradiction to Exhibit-P4 dated June 29, 2020.

 

[READ JUDGEMENT]



Share this article:



Leave a feedback about this
TRENDING NEWS

cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

TOP STORIES

sc-rebukes-ima-chief-rejects-apology-for-remarks
Trending Judiciary
SC rebukes IMA chief; rejects apology for remarks

SC rebukes IMA chief R V Asokan; rejects his apology for remarks against the court in contempt proceedings involving Baba Ramdev and Patanjali's MD Acharya Balkrishna.

15 May, 2024 11:02 AM
cant-allow-parole-for-having-procreation-with-live-in-partner-delhi-high-court
Trending Judiciary
Can't allow parole for having procreation with live-in partner: Delhi HC [Read Order]

Delhi HC denied parole for a convict seeking procreation with a live-in partner, stating it would set a harmful precedent, considering his legal marriage and children.

15 May, 2024 12:19 PM
sc-declares-arrest-of-newsclicks-editor-in-chief-prabir-purkayastha-as-invalid
Trending Judiciary
SC declares arrest of Newsclick's Editor-in-Chief Prabir Purkayastha as invalid

SC declares Newsclick Editor-in-chief Prabir Purkayastha's arrest invalid. He was detained in October 2023 under UAPA for alleged pro-China propaganda. SC orders release.

15 May, 2024 12:30 PM
sc-declines-to-entertain-plea-for-direction-to-ec-to-act-against-pm-bjp-leaders
Trending Judiciary
SC declines to entertain plea for direction to EC to act against PM, BJP leaders

SC rejects plea seeking Election Commission action against PM and BJP leaders for alleged hate speeches during elections.

15 May, 2024 12:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email