SC refuses to entertain plea for permission to carry out Muharram procession across country

We as a court cannot risk the health of all the people,” the bench, which heard the matter through video conferencing, said. Advocate Azim H Laskar, appearing for petitioner Syed Kalbe Jawab referred to the apex court order passed with regard to allowing the historic annual Rath Yatra at Puri in Orissa and Paryushan festival for three Jain temples at Mumbai.

The Supreme Court Thursday refused permission to carry out Muharram procession across the country and asked Lucknow-based petitioner to move before the Allahabad High Court with his plea. The apex court said how it can pass a general order for the whole country and if relief was made for a particular area, then the risk could be assessed. Muharram will be held this year on August 29.

A bench comprising Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said it would lead to chaos and targeting of a particular community. “You are asking for a general order and then if we allow this there will be chaos. Particular community will be targeted for spreading Covid. We don't want that. We as a court cannot risk the health of all the people,” the bench, which heard the matter through video conferencing, said.

Advocate Azim H Laskar, appearing for petitioner Syed Kalbe Jawab referred to the apex court order passed with regard to allowing the historic annual Rath Yatra at Puri in Orissa and Paryushan festival for three Jain temples at Mumbai. To this, the bench said, “We are telling you, general orders in a matter like this cannot be passed”.

“You are giving an example of Jagannath Puri, there it was in one place and one spot, where the chariot was taken. There we could assess the risk and pass the order. Jain temples' case was restricted to three places. For the Ganesh festival in Chennai, permission was denied,” the bench said. Laskar then told the bench that then permission be given for Lucknow, where procession could be carried out. To this, the bench said, “We do not know what the situation in Lucknow is. The Allahabad High Court will be in a better position to assess the situation. You withdraw the petition and approach the High Court”.

The bench then allowed the petitioner to withdraw the petition with the liberty to approach the high court with limited prayer of holding procession in Lucknow..