Bombay High Court permits Muharram procession with conditions

The Bombay High Court on Tuesday allowed processions and rituals to be taken out by the Shia Muslim community on the occasion of Muharram but subject to certain conditions in view of COVID-19.

A Bench of Justice KK Tated and PK Chavan stated that in addition to the compliance with COVID protocols, the following conditions have to be followed:

• 15 persons per truck and 7 such trucks will allowed to participate in the procession which will be held for 3 hours on August 20, 2021;

• 5 Taziyas will be allowed to be taken;

• Only fully vaccinated persons (people who have taken 2 doses and after passing of 14 days after last dose) will be permitted on such trucks;

• Out of the 105 persons, only 25 persons will be allowed to go inside the cemetery.

The petition was filed by an NGO, All India Idara Tahfaz-e-Hussainiyat, which had approached the High Court after the Maharashtra government relaxed restrictions around local trains, shops, malls and restaurants.

They sought leave to permit a procession of about 1,000 individuals from August 18 to 20, 2021 for 2 hours daily.

Senior Advocate Rajenra Shirodkar informed the Court that taking out a Taziya which is a replica of a mausoleum of Imam Husain and setting up Sabeels which are stalls for food and water was an "intrinsic part of the Shia religion" without which the Muharram rituals would be incomplete.

He informed that even though they have prayed for 1000 individuals, he is ready to follow any figure which the Court directs and submit details of such persons to the police.

They also referred to an earlier High Court order which had allowed the limited conduct of Muharram rituals amid the COVID-19 pandemic, capping the number of participants allowed and the area that can be covered in 2020.

It allowed carrying of one Taziya as part of the ritual which would be carried out with the participation of only five persons and within a one-hour period in a limited area.

Shirodkar argued that such restrictions were not required, as the pandemic situation now was different from the previous year.

He added that no untoward incident had been reported or noted by the police the last year when such procession was taken place in complete compliance with the High Court order.

Opposing the application, Government Pleader Poonam Kantharia relied upon a circular to contend that the latest circular did not permit processions.

She argued that if people come out on the street in huge numbers it will create problem for police stations of various jurisdictions within the city.

“Controlling a crowd and procession is difficult to control, especially a religious procession,” she argued.

When the Court pointed out that there had been significant relaxations, Kantharia stated that those had come step by step. Hotels, malls and public places had been opened by the State which were only for people who had been administered both doses of COVID vaccine.

The Court also suggested the NGO to ensure that each truck has some head of the religion, or some responsible person who can control the crowd during the procession.

The Court also took an undertaking from Shirodkar that all such compliances will be followed in letter and spirit during the procession to be carried out on August 20, 2021.