The Allahabad High Court while dismissing the numbers of petitions has passed a common order for batch of petitions seeking permission to take out Tazia procession on the occasion of Muharram festival.
“It is with a heavy heart that we hold that in these testing times, it is not possible to lift the prohibition by providing any guidelines for regulating the mourning rituals/practice connected with the 10th day of Moharram”.
The Division Bench comprising of Justice SK Gupta and Shamim Ahmed has dismissed all petitions which were challenging the order of state government and stated that the state government orders of complete prohibition of all religious activities with the gathering the people are not discriminatory in nature but to prevent the spread of Covid-19 in the state.
“In view of controlling the spread of Covid-19, the State Government has imposed a complete prohibition on all religion activities that may involve a large conglomeration of people, across communities, and as such the government orders are not discriminatory nor do they target any Community, in particular.” said Court.
Several Petitions have been filed before the High Court, challenging the order of Uttar Pradsh Government to prohibit the Muslim community from taking out the Moharram Processions in the state. The petitioner has demanded to pass an appropriate order to direct the state authorities to permit them to perform religious mourning rituals/practice connected with Moharram, during the period of ten days i.e. up to 30.08.2020, amid the pandemic restrictions in the State of Uttar Pradesh.
Referring the guidelines issued by the Government of India, Ministry of Home Affairs as well as Government Orders issued by the State Government, the petitioners have contended that the order issued by the State Government are discriminatory, targeting only one community in particular.
The petitioners have further submitted that Apex Court had allowed the devotees access to the places of worship and permitted the Annual Chariot Procession at the Jagganath Temple, Puri besides recently permitting the offer of Paryushan prayers in three Jain Temples in Mumbai. It is further submitted that the prohibition is arbitrary especially when the proposed rituals can be regulated by prescribing reasonable restrictions.
Opposing the contentions of the petitioners, the Additional Chief Standing Counsel appearing on behalf of the State as submitted that Government Orders are not discriminatory in nature. He has referred the Government Orders dated 10.08.2020 and 23.08.2020, and argued that restrictions have also been imposed upon the Hindu community and they have been prohibited from raising any Pooja Pandals or installing any statues/idols or even taking out processions during the festival of Ganesh Chaturthi and the devotees were encouraged to celebrate the festival in their respective homes. Likewise, the Muslim community has also been restricted from taking out any Taziyas or processions, in 8 of 20 order to prevent the spread of Covid-19.
The respondent/State has emphasised that the state government has imposed the restriction on all the communities from celebrating their festival like Janmashtami, Ganesh Chaturthi and Morahham without any discrimination to curb the spread of coronavirus in the state.
“The drastic step of prohibition has been taken for all communities, on account of the extraordinary situation created due to the pandemic and, therefore, in the given circumstances the total prohibition is reasonable and not violative of the fundamental rights of the petitioners or members of the any community, as sought to be alleged.”
The court has expressed its views by stating that,
“Although the complete prohibition of practices which are essential to our religions is an extraordinary measure, it is very much in proportion to the unprecedented situation we are faced with, owing to the pandemic. The right to practise and propagate religion has been made subject to public order, morality and health, even under the Constitution of India.”
Case details:
Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 840 of 2020
Petitioner: - Roshan Khan and 2 Others
Respondent: - State Of U.P. And 4 Others
Counsel for Petitioner: - M J Akhtar, Imran Khan, Viquar Mehdi Zaidi (Senior Advocate
Counsel for Respondent: - C.S.C.
Quorum: Justice SK Gupta and Shamim Ahmed
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