Mahima
The Bombay High Court refused to grant permission to the Juma Masjid to hold namaz five times a day during the holy month of Ramzan.
The Juma Masjid Trust sought permission for devotees to offer namaz with 50 people present in the premises at a time.
The holiday court of the Division Bench of Justice RD Dhanuka and VG Bisht observed, “The right to celebrate or follow a religious practice is important, but what is more paramount and of importance is public order and the safety of citizens”.
The petitioners filed the petition ‘in exercise of right to freedom of religion’ and contended that the said mosque is designed to capacitate a congregation of around 7,000 people but being mindful of the Covid-19 guidelines seek permission only for 50 people in the premises at a time.
The petitioners also assured that it will follow all Covid-19 protocols and safety precautions.
The petitioner’s counsel cited the recent case of Delhi High Court which allowed prayers to be held at a mosque during the holy month of Ramzan with similar safety measures and Covid-19 protocols.
Additional Government Pleader Jyoti Chavan, representing the state government contended, “We cannot make an exception to any religion, especially in this 15-day restriction period. We cannot take a risk at this stage and all citizens should cooperate.”
She also highlighted that the State is already suffering from shortage of vaccines and oxygen which makes social gathering a rather unwise decision and that the government is not declining people from practicing their religion but they should do it in their homes in view of current Covid-19 situation.
Opposing the Plea, she also added that the Covid-19 situation in Delhi is way different from that in Maharashtra and therefore, Delhi High Court’s judgment is not considerable.
The Court noted, “Maharashtra is threatened with Covid-19 and has imposed restrictions as emergency measures to break the chain of transmission of the virus. Considering the prevailing situation and ground reality in Maharashtra, we cannot permit the petitioner to offer prayers at the mosque.”