On Friday, the Apex Court allowed the entry of a limited number of devotees to three Jain temples in Mumbai over the weekend (Aug 22 & 23) to offer prayers during a community festival.
A bench headed by CJI SA Bobde said that the opening of the temples would be subject to the undertaking given by the petitioner trust, which said that only five people will be allowed to enter a temple at a time & only 250 people would be allowed to enter per day in the wake of the COVID-19 pandemic.
The Bench said that “Considering the peculiar facts & circumstances, the prayer made by the petitioners is allowed to the limited extent of permitting them to open the three temples one each in Byculla, Dadar (West) & Chembur in Mumbai on August 22 & 23 for devotees to perform the rituals connected with ‘Paryushan".
The Court was also critical of the Maharashtra Govt’s policy of allowing economic activities to continue but imposing restrictions on activities connected with religion on ground of COVID threat.
Justice Bobde said that “We find it strange that you are allowing every activity involving economic interests & money. But if it involves religion, you say you cannot do it because of COVID".
The Court said that its order allowing entry into the three temples would be limited to this particular case & would not apply to any other temple or festivals involving large congregation, including the annual 10-day Ganesh Chaturthi celebrations, which start on Saturday.
“We make it clear that this order is not intended to be used as a precedent by other persons to seek permission to hold any festivals/festivities which would involve, by their very nature, congregation of people, such as ‘Ganesh Festival’,” the Court said.
The order was passed on a plea by Shri Parshwatilak Shwetamber Murtipujak Tapagacch Jain Trust, which had approached the SC against a Bombay high court on August 13, in which the HC said that it did not wish to interfere with the state’s decision not to permit Jain temples in Mumbai to open during the Paryushan festival.
‘Paryushana’ is a key festival for members of Jain community, during which they observe fast & come together to pray.
The Maharashtra Govt opposed the plea before the SC stating that the state was worst hit by the pandemic in the country & it would be difficult for the state to ensure adherence to Covid-19 precautions if places of worship are opened.
“Maharashtra is the state most affected by Covid in India. I am here opposing the plea vigorously due to the unimaginable situation in the state & keeping in mind the interests of the state,” senior lawyer AM Singhvi, who was appearing on behalf of Maharashtra, said.
However, CJI Bobde, pointed out that if the standard operating procedure (SOP) laid down by the central government on June 4 & the undertaking given by the petitioner can be enforced, the plea can be allowed.
The Central Govt, through Solicitor General Tushar Mehta, supported the plea provided all precautions & SOPs are adhered to.
CJI said, “This is exactly the choice we had faced with the Puri Jagannath Ratha Yatra. We held that of congregation can be avoided then mere pulling of Rath will not lead to anything bad. & nothing bad happened after that. Lord Jagannath forgave us. We will be forgiven in this case too".
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