Saturday, 31 July, 2021


SC stays off order on Muharram

Mumbai: Maharashtra’s sole Muharram procession from Bhendi Bazaar to Mazgaon Supreme Court refuses permission to hold Muharram procession across the country; tells petitioner to approach Allahabad HC for procession in Lucknow
Bennie Garza | 30 August, 2020, 06:56

The Supreme Court Thursday declined permission for carrying out Muharram procession across the country and asked the Lucknow-based petitioner to move before the Allahabad High Court with his plea.

The apex court said how can it pass a general order for the whole country. It will lead to chaos. "It will create chaos and a particular community will be targeted for spreading Covid-19". We as a court can not do that, can not expose you to that risk.

The restrictions were imposed to maintain law and order in these areas in view of the eighth day of Muharram, they said.

The CJI had orally remarked a few days ago how the court found it "strange that they [authorities] are willing to allow activities involving economic interests, but if it involves religion, they cite COVID to say they can not open".

Justice Kathawalla told the petitioners that two people were being allowed at a "sabeel" (place to serve water during Muharram) with permissions, so they should not point out the discrimination.

On 25 August, the court had directed the petitioners to implead the 28 states as respondent party in the Muharram procession case. "There were no general directions passed", he responded. But when it comes to the whole country, these can not be assessed. "If you had asked for one place, we could have assessed the risk", he said.

Mr. Laskar then referred to how the court had given access to Jain temples for the occasion of Paryushan.

Habib Nasir, secretary of the NGO, gave an undertaking it will abide by all conditions during the pandemic and there will not be more than five persons to carry the Taziya and one video-grapher. It said that its permission would not act as a precedent for allowing congregations during Ganesh Chaturthi.

The plea, filed by prominent Shia leader from Uttar Pradesh, Syed Kalbe Jawad, sought permission for the procession with only five participants who would ensure all covid-19 safety norms are followed adequately.

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