Bombay HC relief for Muharrum procession on August 20 in south Mumbai – Hindustan Times

The Bombay high court (HC) granted limited relief to a section of Shia Muslim devotees and allowed seven trucks to accompany the taziya from Dongri to Mazagaon cemetery on August 20 on Moharrum. Last year, the HC had allowed only one truck to carry the taziya with five people on board. This year each truck can be accompanied by up to 15 persons.

The court has, however, imposed strict conditions such as ensuring that the 15 persons on each truck are fully vaccinated and 14 days have lapsed since the last dose was taken, and also restricted entry into the cemetery to only 25 persons when the procession ends. The court also restrained devotees from coming on roads and following the trucks, which is similar to last year’s order.

The court also directed the petitioner to furnish a list with details of participants to the deputy commissioner of police of the area concerned by August 19 afternoon. The procession has to be taken out and completed between 4pm and 7pm and will have to be recorded to ensure there are no violations of the conditions.

The division bench of justice KK Tated and justice PK Chavan, while hearing a petition filed by All India Idara Tahafuz e Hussainiyat, an organisation which represents a section of the Shia community in Mumbai, was informed that in light of various relaxations permitted by the state, directions should be issued to permit conduction of Muharram rituals with Covid-19 protocols.

The petition also sought relief against the August 9 government decision which disallowed Muharram processions and sought permissions for taking out processions for two hours each day between August 18 and 20.

The August 9 circular, while permitting setting up of sabeels (water distribution counters) that could be manned by no more than two persons to distribute water in sealed bottles, had restricted processions in light of the ban imposed on social and religious programmes by the Centre and the state government.

While making submissions on Tuesday, senior advocate Rajendra Shirodkar for the organisation said the petition was seeking permission for a limited number of persons to participate in the procession, and that persons who have taken a single dose of Covid-19 vaccine should be permitted to participate. Shirodkar also referred to the permission granted to devotees to go to Pandharpur in buses to celebrate Ashadhi Ekadashi festival following Covid-19 protocols.

However, government pleader Purnima Kantharia opposed the petition and said, as religious processions would see a huge number of people participating, the police would have to requisition forces from all zones to control the crowd, and hence it was not advisable to permit a procession during the pandemic. She added that the relaxations permitted by the state have been conditional and access to hotels and malls was only for people who have taken both the vaccine doses, and hence the same should be applied to the participants of the procession as well.

On a query by the court, Kantharia submitted that on a full sized truck not more than 15 persons can be allowed and organisers should ensure that there is no crowding at the cemetery as well.

After hearing the submissions, the court warned the organisation of strict action in case of violation of conditions and asked them to give an undertaking that the rituals would be conducted by following social distancing and Covid norms.