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SC Denies Permission For Muharram Processions, Says One Community Will Be Blamed For Spreading Virus

“If we allow this, there will be chaos and one particular community will be targeted for spreading Covid-19. We don’t want that,” a three-judge bench headed by CJI SA Bobade said.

On Thursday, the Supreme Court dismissed a plea seeking permission to carry out Muharram processions, across the country. The general order of this nature for the entire country couldn’t be passed, the court said. “If we allow this, there will be chaos and one particular community will be targeted for spreading Covid-19. We don’t want that,” a three-judge bench headed by CJI SA Bobade said.

The plea was filed by Shia cleric Syed Kalbe Jawad.

The petitioner, during the hearing, cited examples of court’s orders allowing the Puri Jagannath Yatra and permitting limited entry of devotees to three Jain temples in Mumbai’s Dadar, Chembur and Byculla on August 22 and 23 to offer prayers on the occasion of the Paryushan festival.

However, CJI Bobde distinguished them saying that it was in one place and one set route. The court could assess the risk and pass the order for only Puri, he added. In the Jain Temple matter, it was for three temples only and five people at a time, he said.

The court said the plea could have been considered after a risk assessment of the spread of the pandemic, had the plea contemplated seeking permission for just one place.

The petitioner then asked the apex court to give permission for procession in Lucknow, since a large chunk of the members of the Shia community resides in there. However, the court instead asked him to approach the Allahabad High Court for permission.

The petition was dismissed by the top court with the liberty to approach Allahabad High Court.

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