Neeraj Rohmetra
JAMMU, Dec 13: Coming down heavily on successive State Governments and Shri Amarnath Shrine Board (SASB) and Central Government for subjecting lakhs of devotees to “inhuman treatment” and “violating their human rights” during the pilgrimage, the Supreme Court in a historic judgment today issued specific directions to the authorities for providing basic facilities to the pilgrims who visit the shrine from different parts of the country.
Charging the authorities at the helm of affairs of violating the fundamental protections and rights of the people at large, the Court in its 67-page judgment stated that the way the Amarnath pilgrimage had been conducted over the years was in violation of several Constitutional provisions [including Article 21, 39(e), 41, 43, 48A, 25(2)], while denying basic facilities to the devotees.
While categorically stating that the track should be widened and railing and retaining walls be provided enroute, the Apex Court made it clear that the width of no passage/track shall be less than 12 feet, particularly the track leading from Panchtarni to the Holy Shrine of Shri Amarnath Ji.
Accepting the report of the Supreme Court mandated Special High Power Committee (SPHC) in toto, the Court dwelled on several ‘Short-term’ and ‘Long-term’ measures, which have to be implemented by several agencies for the benefit of the pilgrimage.
To oversee the implementation of these measures, the Court also constituted a Sub-Committee comprising Chief Secretary, Home Secretary of the State and Chief Executive Officer (CEO) of the Shrine Board.
“The Chief Secretary, Secretary of concerned Department and the CEO of Shrine Board shall personally be responsible and answerable for strict compliance of the recommendation of the report of SHPC and the directions contained in the judgment”, says the order issued by the Court.
Further, all the directions and the recommendations made in the report of the SHPC should be carried out by all concerned without demur or protest and expeditiously. “We make it clear that any officer of any State irrespective of his position in the State hierarchy shall personally be held liable and proceeded against in the event of default or in case of violation of recommendations of SHPC”, the Court said.
These observations have been made by the Division Bench of the Supreme Court comprising Justice B S Chauhan and Justice Swatanter Kumar which was hearing a case wherein they had taken suo moto cognizance of media reports on pilgrims’ deaths allegedly due to lack of proper facilities and medical care for them during this year’s pilgrimage.
Commenting on the condition of track used by devotees, the Bench stated that the extent of width of the passage and manner of providing the railing (thick iron cables supported by wooden blocks or cement and stone) should be decided by the Sub-Committee afore-constituted. “But, we make it clear that width of no passage shall be less than 12 feet, particularly, that of the track leading from Panchtarni to the Holy Shrine”.
To counter the malicious propaganda unleashed by secessionist over the issue of widening of track, the Bench emphatically stated, “neither have we directed nor should be understood to have implicitly directed that there should be mettled motorable road in place of walking track.” However, the Bench hastened to clarify that it is not only improvement of the road at critical portions but the entire track needs to be improved, particularly from Panchtarni to the Holy Cave.
“There shall be provided separate one way passage of palkis and horses as one unit and the pedestrians as the other, near to and at the passages leading to Holy shrine. Preferably on this passage pre-fabricated walking path/matting should be provided”, the order said, adding, “all other walking tracks from various other points like Baltal, Panchtarni and Chandanvadi may be covered either by pre-fabricated rough cement tiles (as being used in Vaishno Devi track) or such other material, which in the opinion of the SHPC, would be most appropriate for the benefit of the pilgrims”.
The Bench stated that attempts should be made to construct shelters on the passage/walking paths at regular intervals. Temporary/ pre-fabricated shelters should certainly be provided near the Holy Shrine where large number of persons gather and have to wait for long hours for darshan.
To enable the devotees to have a clear visual darshan of the shivlingam and the Shiv parivar, the Court said, “at the holy cave, the existing grill should be replaced by 100 percent transparent fiber or any other material to ensure that the darshan to the shivlingam isn’t visually obstructed. In the alternative, the iron grills, as installed can be permitted, but the gaps between the parallel bars, which are perpendicular to the earth, should not be less than 12 inches. The implementation of this suggestion is left to the wisdom of the Sub-Committee”.
Elaborating further, the Apex Court stated that short-terms measures should include steps required for improvement in walking tracks, health care, providing of pre-fabricated toilets, tents, pre-fabricated walking path, construction of Sewerage Treatment Plants (STP) and providing of one-way track.
Categorically stating that the health certificates be issued to the yatris free of cost, the Court said, “we direct the Chief Secretary of every State to notify the hospitals and medical officers, who shall issue health certificates to all the persons desirous of going from yatra henceforth. The authorities shall place such notification in the public domain and give it due publicity”.
The Court also directed the Chief Secretary and Secretary, Health of each respective State, particularly State of Uttar Pradesh, Haryana, Punjab, Rajasthan, Himachal Pradesh and Chandigarh to depute such number of doctors during the relevant period to the Jammu and Kashmir for ensuring due health care of the pilgrims, as may be necessary.
“Jammu and Kashmir shall also write to the Chief Secretaries/ Secretaries, Health of each State by 30th of April each year, making requisition for the number of doctors and the area of specialization from which such doctors are required. The concerned State shall inform the Chief Secretary/ Secretary Health and the Director General of Health Services of the State of Jammu and Kashmir by May 30 of the year, the names with specialization of the doctors, who have been deputed for the yatra period at the State and actually direct and inform the concerned doctors of their ‘temporary duty’, in public interest”.
The medical teams shall be deployed en route to the Holy cave at regular intervals not exceeding two Kilometers.
The Apex Court stated that the State Government and Shrine Board should provide infrastructure, equipment, medicines and all other ancillary items thereto to the medical teams to ensure that the pilgrims can be provided adequate treatment without any loss of time. Large number of medical teams shall be deputed at the glacier and the passage near the Holy Shrine.
The State shall make due provisions for providing lodging a boarding to the doctors on temporary duty and ensure that they are not put to any inconvenience, in any respect, whatsoever.
“The State and the Shrine Board shall make due provision for registration of the yatris as proposed in the report and preferably at Srinagar, Baltal, Chandanwari, Panchtarni, etc.”, the order says adding that the STPs shall be constructed at all places particularly at Baltal. Clearances for that purpose shall be granted by all the concerned departments expeditiously and in accordance with law. This direction of the Court shall be complied with notwithstanding the pendency of any litigation before any Court, including the High Court of Jammu and Kashmir.
The request of the applicant M/s Piramal Healthcare Pvt Ltd for providing pre-fabricated tents or toilets or such other material which they may chose to offer or desired by the authorities, shall be considered by the Shrine Board. “However, request of the applicant should be considered sympathetically and objectively”, the Court said.
Castigating the authorities at the helm of Affairs, the Apex Court termed as “pathetic” the present arrangements for the devotees going for the annual pilgrimage.
“It is the obligation of the State to provide safety, health care, means to freely move and to profess the religion in the manner as they desire insofar as it is within the limitations of law,” the Bench said.
“There is admittedly lack of basic amenities and healthcare. The walking tracks are not only deficient but are also not safe for the pedestrians. The management and arrangements for the yatris at the glacier and near the Holy Shrine are, to say the least, pathetic,” it said adding that separate passage for pedestrians and for palkis and horses be made for the pilgrims.
The apex court said the management for the pilgrims suffers from basic infirmity, inefficiency and ill-planning. and the Centre, J&K and the Shrine Board are under a constitutional obligation to provide free movement, protection and health care facilities along with basic amenities.
“It has undoubtedly and indisputably come on record that the rights of yatris to the holy shrine enshrined under Article 21 of the Constitution are being violated,” the bench said.
The apex court had earlier appointed a Special High Powered Committee (SHPC) to recommend the measures to be taken to curb the growing number of casualties of Amarnath pilgrims.
It comprised of representatives from different Ministries of Centre, Chief Secretary and other officers of J&K, Director Generals of the Border Security Force and the Border Roads Organizations etc.
Around 6.20 lakh pilgrims undertook yatra this year out of which 93 people lost their lives.
Meanwhile, in what could be termed as an unprecedented feat, a Supreme Court judge, whose term is about to be over, today delivered judgements in 95 cases.
Justice Swatanter Kumar, who is to retire on December 30, passed the judgements as his last working day is tomorrow as the apex court will be closed for 15 days winter vacation from December 17.
He passed judgements on cases of different natures including civil and criminal ones, including the verdict on providing facilities to Amarnath pilgrims.
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