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A petition has been preferred before the Supreme Court against the Orissa High Court order dismissing a batch of petitions challenging the State Government's directive to restrict observing of Rath Yatra in temples due to present pandemic.

Petitioner NGOs Biswo Go Surakhya Bahinee and Dharma Rakhya Sena, through Advocate Vishnu Shankar Jain, said that Orissa High Court has erred in upholding the Government order as a total ban on Ratha Yatra will be against the right to religion of the citizens guaranteed under Article 25 of the Constitution of India.

In exercise of powers under the Disaster Management Act Orissa government has passed an order on June 10 under which it has allowed the Rath Yatra to take place only at Lord Jagannath Temple at Puri and nowhere else. Several petitions were filed against this directive of the State Government in Orissa High Court. The High court dismissed all the petitions stating these are extraordinary times and the court will not entertain such pleas.

The petitioners prayed for interim relief against the High Court order on the grounds that State Government has taken a different view while allowing several businesses even including wine shops to open whereas putting a blanket ban on the observance of the ancient traditional ritual of Rath Yatra. This has hurt the religious beliefs and sentiments of the public at large.

The plea said that the State Government while passing impugned order “failed to make balance between the right of citizens guaranteed under Article 25 of the Constitution and the restriction to be imposed under the provisions Disaster Management Act, 2005”.

It was further stated that the blanket ban order of the State Government is irrational and arbitrary. It was passed mis-utilizing the powers under the Disaster Management Act due to which the fundamental right to perform religious functions is being taken away and is in violation of Article 14 and 25 of the Constitution of India.

Petitioners further contended that as the Yatra has been allowed at the Jagannath Puri Temple following the conditions laid down by the High Court’s order of last year about the same subject matter; other temples of the state too should be allowed to perform the ritual following the same guidelines.

The petitioners said that the High Court failed to give any reason for not applying the order passed by the Apex Court last year, under which the rituals can be performed while observing the conditions laid down. On June 23 last year, the top court had allowed the historic Lord Jagannath Rath Yatra at Puri with certain conditions, including no public attendance.The apex court allowed the holding of the yatra after taking note of the Odisha government''s assurance that it "can be held in a limited way without public attendance".

The petitioners have sought a stay of the June 23 order of the High Court.