The Bombay High Court on Monday granted permission to two Muslim organizations to carry out one possession in south Mumbai for Chehlum of Imam Hussain, 40 days of martyrdom, whilst with restrictions.
The court also observed, “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 court also said that the procession can only be carried out with 10 trucks consisting of a maximum of 15 persons each. All 150 people have to be fully vaccinated, with 14 days since their last dose. The procession can be carried out between 4;30-8 pm. The court also specified the height of the fajitas to be 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 Jamdhar restricted any usage of music during the event. The court also specifies that only 35 can enter the cemetery out of 150 persons.
A petition was filed by the All India Idara-Tahafuz-e-Hussainiat in South Mumbai and Haidry Jama Masjid Trust from Mira Road in Thane seeking permission to carry out a procession on the 40th day of martyrdom of Prophet Mohammad’s grandson, Imam Hussain.
Senior Advocate Rajendra Shirodkar and advocate Shehzad Naqvi represented the petitioners, for directions to allow procession.
Purnima Kantharia, the State’s Pleader, declared that the government had no objection to a single representational procession for the entire state of Maharashtra, but she protested strenuously to the Mira Road processions. She stated that such requests will begin to come in from other sections of the state.
The panel said that members of the Haidry Jama Masjid Trust of Mira Road can also participate in the South Mumbai parade.
It ordered the All India Idara-Tahafuz-e-Hussainiat to guarantee that the Covid-19 criteria would be observed and that no other procession would be held in the state. Finally, the court ordered the petitioners to notify the Deputy Commissioner of Police in the affected region of the participants’ names before the start of the procession.
