The court observed that granting general directions to take out the procession across the country shall lead to chaos and a particular community may then be targeted for spreading the virus.
Supreme Court has refused to hear the petition seeking permission for the procession of Muharram across the country. The court said that everywhere the local administration decides according to the situation. No order applicable to the whole country can be given.
Shia religion guru Kalbe Jawwad had filed a petition in this case. To hear the matter, Chief Justice SA Bobde was placed in a bench headed by him. The lawyer appearing on behalf of the religious leader said that the procession should be allowed to be taken, taking full precaution. The way Rath Yatra was allowed in Puri. The Jain community was allowed to visit the temple during Paryushan. The same should be done in this case also.
On this, the Chief Justice said, “Rath Yatra was to be held in only one city. It also knew where the journey would start and where it would go. In this case, processions are to be held all over the country. Nothing is clear from which city the journey will start and where it will go. How can we give any order applicable to the whole country without listening to the state governments? It is better to let the administration take the decision everywhere. ”The court also said that only three Jain temples were allowed to be opened in Mumbai even during the period of Paryushan. Only 5 people were allowed to go there at one time.
The lawyer requested the court to consider the case stating the religious significance of Muharram. But the court said, “You are not understanding our problem. No single order can be given for the entire country. If the procession is ordered everywhere, the situation can be uncontrollable. People’s health may be in serious danger. Tomorrow, people will accuse a particular community of spreading corona. Such a situation cannot be allowed. “
In view of this approach of the Supreme Court, the petitioner said that Lucknow has the highest population of Shia community. At least the Supreme Court should allow the procession to take place there. On this, the Chief Justice said that if the matter is only to take out a procession in Lucknow, then the appropriate place of hearing on this is the Allahabad High Court. You can go there
