Supreme Court on Thursday, has rejected the plea seeking permissions for the Muharram processions and observed that if the processions will be allowed, it will lead to chaos and targeting of a particular community for the spread of COVID-19.
Supreme Court bench headed by CJI Bobde stated that such generic directions cannot be issued in exercise of Article 32 of the constitution.
The petition was moved by Shia leader Syed Kalbe Jawad whom the bench has asked to move Allahabad High Court for this plea.
“You are asking for vague directions for the whole country for this community,” said the bench and rejected the plea in view of the increasing COVID cases in the country.
The bench observed, “A particular community will be targeted for spreading Covid.. We will not pass orders that could risk the health of so many people.”
CJI Sharad Arvind Bobde noted that there was no specified place where the Muharram possession would be held, where the restrictions and cautionary mechanisms could be imposed.
The petitioner has also cited the example of Rath Yatra at Jagannath Puri which was allowed by the top court.
To which CJI Bobde replied, “Jagannath Puri case was one specific place where Rath was to go from point A to point B. If it was one specific place, we can assess the danger and so we passed that order. That is not the case here.”
“We cannot pass general orders. It is not possible to give general directions. t will create chaos and a particular community will be targeted for spreading Covid-19,” further added the SC bench.
With declining the plea, SC has allowed the petitioner Syed Kalbe Jawad to withdraw his petition and approach Allahabad High court with a limited prayer seeking permission for holding processions in Lucknow.
