Bombay High Court rejects plea by Juma Masjid Trust seeking permission to allow people inside for Namaz during Ramzan [Read order]

The Bombay High Court on Wednesday refused to permit the Juma Masjid of Bombay Trust to allow people to offer Namaz (prayer) at its mosque in Mumbai during the month long festival of Ramzan. .The vacation bench of the High Court was moved by the Juma Masjid Mosque Trust seeking permission to offer prayers in the mosque five times a day and Taraweeh namaz. .A Bench of Justices RD Dhanuka and VG Bisht refused to grant relief taking into account the growing number cases of COVID in the State."The right to celebrate or follow a religious practice is important but what is more paramount and of importance is public order and safety of citizens,” the court said.."In our view, 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 Bench held. .Advocate MA Vaid for the Trust submitted to the Court that the mosque was spread over 1 acre and on a normal day about 7000 people offer namaz which proves that it is quite spacious and all the standard operating procedures can be easily followed..The petition was moved in extreme urgency considering the holy month of Ramazan is starting today and Vaid contended that during this festival, Muslims were obligated to observe fast and pray 5 times a day. Praying in a congregation (Jamaat) was also considered to have more social and spiritual benefit than praying by oneself, he added. .The plea came close on the heels of an order issued by the Maharashtra government on Tuesday evening imposing curfew, restricted movements and night lockdown in the State to combat the virus. The order directed that places of worship would remain closed till May 1, 2021. .The Trust relied upon the Delhi High Court order of April 12 in which the Court recorded the statement of the Central Government permitting the petitioners to offer prayers during the month of Ramazan on various conditions. .The Assistant Government Pleader Jyoti Chavan opposed the plea stating that "in Maharashtra, there were more than 65000 COVID cases whereas in Mumbai there were more than 11000 active COVID cases." .She stated that considering this critical situation, the State government had issued an order "Break the Chain" on Tuesday. She added that the restrictions in the order applied to all members of all community following whichever religion they follow..The court opined that the Delhi High Court order cannot be set as a precedent in this case due to the ground reality in Maharashtra and rejected the plea to allow the Trust to perform any prayers in the mosque.[Read order here]