Bombay High Court Allows Representative Procession For Imam Hussain's Chelum In Maharashtra With 150 persons

"We have given our thoughtful and anxious consideration to the entire issue before us. While the rights and religious sentiments of the people are to be respected, but at the same time, because of the unprecedented Covid-19 pandemic, restrictions imposed by the State cutting across all segments of the society are required to be adhered to, failing which it may lead to disastrous consequences which we should try to avoid," the bench observed.

The court allowed one procession with no more than ten trucks consisting maximum of 15 persons each, on September 28, between 4.30 pm and 8 pm in south Mumbai. All 150 persons must be fully vaccinated having completed 14 days since their second dose against the Covid-19 virus, the court said. Moreover, the Taziya's height should not exceed 6 feet and the height of 'Alams' in each truck must not exceed 10 feet.

A division bench of Justice Ujjal Bhuyan and Justice Madhav Jamdar disallowed any music during the event. The bench also said only 35 of the 150 persons would be allowed entry into the cemetery.

The court was hearing petitions filed by the All India Idara-Tahafuz-e-Hussainiyat in South Mumbai and Haidry Jama Masjid Trust from Mira Road in Thane for permission to take out processions on the 40th day of martyrdom of Prophet Mohammed's grandson, Imam Husain.

The petitioners were represented by senior advocate Rajendra Shirodkar and advocate Shehzad Naqvi for directions to allow procession.

Government Pleader Purnima Kantharia for the State claimed that they had no objection to one representational procession for the entire State of Maharashtra but she strongly objected to the Mira Road processions. She said that they would start receiving such requests from other parts of the State.

Allowing the South Mumbai procession, the bench said that members of the Haidry Jama Masjid Trust of Mira Road can also join.

It directed the All India Idara-Tahafuz-e-Hussainiyat to give an undertaking that Covid-19 guidelines will be followed and that no other procession would be carried out anywhere else in the state.

Finally, the court directed the petitioners to give details of participants to the Deputy Commissioner of Police of the concerned area before commencement of procession.

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