The High Court of Bombay has said that it would be discriminatory if the Shia Muslims, who are seeking permission to commemorate the martyrdom of Imam Hussain by observing rituals as per the norms laid down by the Maharashtra Govt’s disaster management department, are barred, as a similar approval was given to the Hindus to celebrate the annual 10-day Ganesh Utsav that started on Aug 22, despite the prevailing COVID-19 outbreak.

The observations were made while hearing a plea filed by All India Idara Tahfaz-e-Hussainiyat, an organisation from south Mumbai, which had sought directions to the State Govt to allow a limited number of people be allowed to perform mehendi, alam & taziya rituals for the Muharram.

High Court has asked the State Govt & the disaster management department to hear the petitioner & submit their report by Friday (Aug 28) morning.

A 2-member HC division bench, comprising justices SJ Kathawalla & Madhav Jamdar, while hearing the plea on Thursday, was informed that Shia Muslims in Mumbai & Maharashtra desired to observe a period of mourning for two hours on 4 days of the Islamic month of Muharram – from Aug 27 to 30 -- by performing rituals.

Lawyer Rajendra Shirodkar, who appeared for the petitioner along with Advocate Shehzad Naqvi, submitted that the Shia Mulsims were seeking permission for a group of 20-50 of them to perform the rituals through a procession, which would start at Bhendi Bazar & end at Mazgaon Kabrastan in Mumbai.

When the Court sought to know about the mehendi, alam & taziya rituals, Shirodkar explained that a group of Shia Muslims would carry flags & replicas of the mausoleum of Imam Hussain & go from Bhendi Bazar to Mazgaon.

However, High Court wasn't convinced & sought an explainer that was submitted by Shirodkar later in the day. Shirodkar submitted that though the prayer was made for 20-50 Shia Muslims, the number of participants could be reduced as per the Court’s order.

State additional government pleader Geeta Shastri & Govt pleader Poornima Kantharia opposed the plea.

They said that the petition was seeking permission for a procession, where thousands of Shia Muslims take part in the annual procession & it should not be allowed because of the prevailing viral outbreak & it would impossible for the state authorities to enforce social distancing norms.

Kantharia submitted since Ganesh Utsav processions were not permitted, similarly there should be a ban on the Muharram procession.

Earlier, Shastri informed High Court that the Supreme Court on Thursday had rejected a plea for carrying out Muharram processions throughout the country following which the court perused the summary of the apex court’s order.

The Court observed that there was no Supreme Court order barring Muharram processions across the country. The Court stated that the petition in SC was only for taking out a procession in Lucknow, Uttar Pradesh, & other states were not involved in it.

Justice Kathawalla said that “If limited permissions are issued for Lord Ganesha, then refusing permissions for Muharram would be discriminatory. Hence, we direct the (state) authorities to give the petitioner a hearing & decide on it".

The Court ordered Amitabh Gupta, principal secretary (home), Maharashtra; & Kishor Raje Nimbalkar, secretary, disaster management department, Maharashtra, to give the petitioner a hearing.

On Friday, the Court also directed Gupta & Nimbalkar to submit a report on the State Govt’s decision.

High Court will hear the case again in the first half on Friday. 

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