Citing threat of COVID-19 spread, SC turns down permission for Muharram processions

On Thursday, a three-judge Supreme Court bench comprising CJI SA Bobde, Justice AS Bopanna, and Justice V Ramasubramanian refused to grant permission for Muharram processions in India. Observing that there will be chaos if these processions are allowed, the CJI added that a particular community might be targeted for spreading COVID-19. Petitioner Syed Kalbe Jawad hailing from Uttar Pradesh had sought permission for Muharram processions on Saturday and Sunday across the country.  

After the petitioner cited the case of the apex court allowing the Jagannath Puri Rath Yatra, the CJI retorted that the aforesaid procession was at one place with a set route. Thereafter, Jawad went on to highlight that the SC had recently allowed worshippers to pray in three Jain temples on the last two days of the Paryushan festival. Commenting on this, the bench stressed that it was not possible to pass general directions as requested by the petitioner. When the petitioner asked for Muharram processions to be allowed at least in Lucknow, the SC disallowed this request and advised him to approach the Allahabad High Court in this regard.  

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SC's previous interventions

Currently, there are 33,10,234 confirmed novel coronavirus cases in India out of which 25,23,771 patients have recovered while 60,472 fatalities have been reported. While the MHA allowed places of worship across India to reopen for devotees, the restrictions on religious gatherings remain in place. On June 22, a three-judge SC bench comprising CJI SA Bobde, Justice Dinesh Maheshwari and Justice AS Bopanna permitted the Lord Jagannath Rath Yatra to take place in Puri.

While it had previously ruled against the Rath Yatra in the wake of public health concerns, the apex court found merit in the Puri Jagannath Temple Administration Chairman's proposal. The bench stated that the Rath Yatra can be conducted safely along its usual route from temple to temple if there is no public attendance. Moreover, it specified a list of conditions to prevent the spread of COVID-19. 

In the case of the permission granted to the Jain temples, an SC bench headed by the CJI directed that the Centre’s SOP for religious places should be followed. However, it clarified that this concession cannot be applied to any other temple and for Ganesh Chaturthi celebrations, which involve a large congregation of people. Earlier, Bombay HC had rejected a similar petition, observing that the COVID-19 situation was not conducive for reopening places of worship.

Read: Shiv Sena Criticises Supreme Court On Decision Allowing Opening Of Jain Temples In Mumbai