Bombay high court asks Maharashtra govt, Jain Trusts to find a ‘solution’ over Ayambil fast petition – Times of India

MUMBAI: The Bombay high court on Thursday asked the Maharashtra government and two religious Jain Trusts to “find a solution” and suggested that community volunteers may be roped in to deliver pious food from temples to homes of devotees for the nine-day Ayambil fast.
Two Jain Trusts had approached the high court with an urgent petition to permit an Ayambil fast for nine days from April 19 to April 27, both days inclusive, by allowing devotees to “take away pious boiled cooked food from the premises of the religious Trusts.’’
The HC bench of justices S C Gupte and Abhay Ahuja heard their plea briefly on Thursday.
The judges said, “We must find a solution…and see that the government’s SOP is also not frustrated,’’ and posted the matter for hearing on Friday.
Shree Trustee Atma Kamal Lab Labdhisurishwarji Jain Gyanmandir Trust and Sheth Motisha Religious and Charitable Trust filed the petition.
Their main prayer was to quash the state diktat and allow them and “other 48 Jain Trusts” to open their Jain temples with Standard Operating Procedures (SOPs) in place.
Their counsel K P Shah, however, submitted that they were at this stage “not praying” for the opening of temples.
The urgent relief was for a limited purpose of the upcoming Ayambil fast that starts on April 19 when special boiled food sans salt, spice and various other ingredients has to be consumed, which they said, is difficult to make at home.
The lawyer for the Trusts said unfortunately restaurants and bars are allowed home delivery under the latest “break the chain” SOP to curb Covid-19, but religious Trusts are not.
The challenge was to clause 5 of the April 13, SOP issued by the state.
The high court observed that the Trusts were not asking for re-opening of temples and only for food collection by devotees.
Additional government pleader Jyoti Chavan, however, said even food collection cannot be permitted under the SOP in force, as the Trusts seek that devotees visit the religious places of worship to collect the food parcel themselves and it may lead to a congregation.
She said restaurants are permitted on home deliveries via online orders, people are not allowed to visit the restaurants for take-aways.
Advocate Shah said, however, people are allowed to take away from street vendors.
The HC bench then told him to see the situation. “Devotees cannot come… The idea behind SOP is to avoid congregations…’’
Chavan said the “idea behind closing all religious places should be maintained and there should not be any allegation of bias against the state.’’
Both Shah and Chavan agreed to consider the “fair suggestion” made by the court regarding roping in volunteers to drop the food parcel at devotees’ residences.