The SUPREME COURT 'S Landmark judgment delivered by Honourable Justice Swatanter Kumar and Honourable Justce Dr. B S Chauhan on 13.12.2012 on a SUO MOTU Writ regarding Amarnathji Yatra :
". Taking notice of the persistent press reports dealing with the poor
arrangements and number of deaths that occurred during the yatra in the
year 2012 to the holy cave of Amarnathji, the Court took suo motu action
and issued notice to the Union of India, State of Jammu and Kashmir and the
Chairman/President of the Amarnathji Shrine Board vide its order dated 13th
July, 2012. It will be appropriate to reproduce the said order at this
stage itself:-
“Today’s ‘The Times of India’ and ‘Hindustan Times’ reports 67
deaths of pilgrims mostly because of the cardiac arrests as well
for other reasons. As per these reports, this has happened in
17 days. Last year 105 persons died during the 45 days’ yatra.
Thus, this year it appears to be on the rise. In our considered
view, the pilgrims have a constitutional right under Articles 21
and 19(1)(d) to move freely throughout the territory of India,
free of fear, with dignity and safety and to ensure enforcement
of such right is the primary obligation of the State and the
Central Governments.
Where it is a matter of common knowledge that the yatra to
the ‘Holy Cave of Amarnath’ is an occasion of privilege and
pride for a devotee, there it is also a matter of great concern
for the Government of India, the Government of the State of
Jammu & Kashmir and the Amarnath Shrine Board. Some of the
events that have been widely reported in the newspapers compel
us to take a judicial notice of the lack of necessary
facilities, essential amenities and the risk to the lives of the
yatris, en route and around the “Holy Cave of Amarnath”."
Judgment attached
