The Supreme Court on Thursday dismissed public interest litigation seeking permission for taking out Muharram processions, saying a general direction for the entire country in this regard will lead to chaos.
“It is not possible to give general directions for the entire country. It will create chaos. That particular community will be targeted for spreading Covid-19… we do not want that,” a three-judge bench headed by the chief justice of India SA Bobde said. The bench said such an order can put the entire community in difficulty and noted that states were also not made parties by the petitioner, Muslim cleric Kalbe Jawad.
The court asked the petitioners to approach high courts of the respective states where they seek to take out processions and said, “We will not pass orders that could risk the health of so many people.”The plea, filed by prominent Shia leader from Uttar Pradesh, Syed Kalbe Jawad, sought permission for the procession with only five participants who would ensure all COVID-19 safety norms are followed adequately.
Chief Justice SA Bobde said, “You’re asking for vague directions for the whole country for this community. Jagannath Puri case was one specific place where the Rath was to go from point A to B. If it was one specific place, we can assess the danger and pass orders.”
Jawad’s lawyer, Azim H Laskar, pointed out that a majority of Shia Muslims, who mainly take out Muharram processions to mourn the killing of the Prophet’s grandson Hussain and other members of his family in the battle of Karbala in the seventh century, are concentrated in Lucknow. He said the processions are to be held on Saturday. The bench allowed the petitioner to approach the Allahabad High Court. “We cannot know what are the conditions there [in Lucknow]. You approach the High Court, “ said the bench. Two petitions have been filed in the Supreme Court seeking permission for taking out Muharram processions.
Two days ago, the Supreme Court heard a similar plea seeking permission for taking out Muharram processions. The bench, headed by CJI Bobde, directed the petitioner, one Site Mohammad from Uttar Pradesh, to include all states in his petition and posted the matter for a hearing after four weeks.
