Justices RD Dhanuka and VG Bisht of the Bombay High Court have refused to allow the Juma Masjid mosque to remain open for prayers during the holy month of Ramzan, as Maharashtra is reeling under the Covid-19 pandemic with a rising number of cases and deaths.
The Bench said, “…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 petition was filed by Juma Masjid of Bombay Trust seeking permission to offer namaz inside a mosque during a month-long festival of Ramzan, adhering to all social distancing norms.
The Trust argued that the mosque near Crawford Market in South Mumbai is spread over 1 acre and that on a normal day, it can easily accommodate 7,000 people. They argued that it is “quite spacious” and all Covid protocols will be followed, if allowed to open.
The petitioners also referred to the Delhi High Court order in Delhi Waqf Board v/s. Government of NCT of Delhi and Anr (2021), that allowed the petitioners to offer prayers during Ramzan on various conditions and by providing safeguards.
The State Government has, however, vehemently opposed this plea by the Bombay Trust, submitting that “In Mumbai itself there are more than 11,000 active covid cases” and the state recorded more than 65,000 cases. The State had further argued that such restrictions apply to members of all communities and “whichever religion they follow”.
Court’s order
The court agreed with the submissions made by the Maharashtra government and held that all restrictions have been imposed by the state after considering the prevailing circumstances.
The Bench dismissed the petition holding that “Article 25 of the Constitution of India though permits all persons equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion, the same is subject to public order, morality and health.”
The court opined that such congregation which is apprehended by the State, could “seriously affect the public order and health. If such permission is granted, it would violate the condition imposed under Article 25 of the Constitution of India.”
The Bench referred to a Delhi High Court order passed in Durga Jan Seva Trust v/s. The Government of NCT of Delhi, where it held that, “While religious sentiments of all sections of the society must be respected, the right to life and health of the public at large cannot be sacrificed at the altar of a right to celebrate a festival, however, significant it may be for a particular community.”
It also rejected the petitioner’s submission citing the Delhi Waqf Board order, holding that the “Delhi High Court order cannot be considered as a precedent”, keeping in mind the ground reality in the State of Maharashtra.
It finally disposed of the petition, observing that granting permission for congregational prayer at the Mosque would violate the government’s order that directed all religious places of worship to remain closed till May 1, 2021.
The order may be read here:
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