Bombay HC allows two Jain temples to open on five Diwali days – Times of India

MUMBAI: Bombay high court on Tuesday allowed two Jain temples at Dadar and Byculla to open on five days of Diwali, from Dhanteras to Bhai Beej.
A bench of Justices Shahrukh Kathawalla and Abhay Ahuja granted relief to Shri Atma Kamal Labdi Surishwarji Jain Gyan Mandir Trust and Sheth Motisha Religious and Charitable Trust, which manage these two temples. It, though, declined the prayer for 100 other temples as they were not before the court as petitioners.
The trusts had moved an interim plea in their pending petition to open the temples. The judges allowed the two temples to remain open from November 13 to 17 from 6am to 1pm and 6pm to 9pm “for not more than eight persons at a time for 15 minutes in the temple hall”.
The trusts’ advocates Praful and Gunjan Shah said the State Disaster Management Authority had rejected their representation and added there is discrimination against devotees when restaurants, bars, cinema halls and gyms are allowed. “What is the prejudice in temples? Offering prayer is a Constitutional right,'” said Shah. He said the idol will not be touched and devotees will individually pray with incense sticks, lamps and offer fruits, sweets and flowers.
Advocate-general Ashutosh Kumbhakoni said Article 25 (Right to worship) is subject to public health. “We have not allowed a single temple to open for Diwali. The five days are equally important to Hindus,” he said.
When the judges said the petitioners’ grievance is the state has allowed other activities, the AG replied activities in bars and temples are “incomparable”. He said restaurants and malls are commercial activities and opened for economic reasons. Justice Kathawalla asked, “Where it is the economy, you don’t consider public health.”
The AG said there is a standard operating procedure for restaurants. The judges said when they pass restaurants, they can see these are packed to capacity. “Yesterday, the capacity was almost 100% with people still waiting outside. When you say 50% capacity for restaurants, you don’t allow 30 (persons) to go there (temples). That’s the point,” said Justice Kathawalla.
In their order, the judges said since the government has allowed opening of malls, restaurants, bars and gyms by following SOPs and allowed commute by trains, Monorail and Metro, and since the petitioners do not want to form any congregation by way of a procession, they were of the view that performance of puja by maintaining social distancing will not cause injury or prejudice to anyone.
They also made it clear that the order is restricted only to the two temples and “cannot be used as a precedent by other persons to seek permission to hold any festivals/festivities which would involve, by their nature, congregation of people”.