Cannot invoke Delhi order on mosques, state tells Bombay HC – Times of India

MUMBAI: The Bombay high court on Wednesday dismissed a petition filed by Juma Masjid of Bombay Trust on its request to open the mosque at Janjikar Street so that prayers can be offered five times a day during the holy month of Ramzan
“The state’s circular “is issued in public interest and for safety of all the residents of Maharashtra. In our view, offering of prayers only in the mosque as sought by the petitioner cannot be considered, in view of the ongoing critical Covid situation, which is serious in nature,” the order by Justices R D Dhanuka and V G Bisht said. The HC said that the state has, after considering the prevailing circumstances, found it “imperative” and “expedient” to enforce various measures throughout the state” from April 14, 8 pm to May 1, 7 am. The petitioners, a public trust, represented by advocate M A Vaid, cited an April 12 Delhi high court order that allowed mosques to be opened for Ramzan with proper social distancing and other safety measures in place.
The mosque is spread across an acre and able to accommodate 7,000 people, “quite spacious,” and all SOPs meant to break the chain can easily be followed under supervision of local police, said the trust.
Additional government pleader Jyoti Chavan, opposing the petition, said the Delhi HC order cannot be invoked as the situation in Maharashtra and Mumbai is grave and on Tuesday alone, over 11,000 new cases were added in Mumbai and more than 65,000 across the state. She said, “Considering this critical situation prevailing in the state and more particularly in Mumbai… the state has rightly considered that all religious places of worship stay closed till 7 am on May 1.” The HC said Chavan “is right in her submission that the Delhi HC order cannot be considered a precedent in this case.”
Chavan said no case is made out to invoke Article 25 of the Constitution for religious freedom. The HC had in the past rejected permissions for such religious ceremonies.
This restriction is for all religious places and to members of “all communities and following whichever religion they follow,” she said. Clause 7, however, allows personnel to continue to perform their duties at such places of worship, though no outside visitor shall be allowed.
The HC said the circular shows the state issued the order after being “satisfied that the State is threatened with the spread of Covid-19 virus.”