Synopsis: On Friday, the Bombay High Court issued permission to stage the Taziya procession at Muharram in Mumbai, provided that not more than five people took part.
In view of the COVID-19 pandemic, the Bombay High Court has granted permission for a Muharram procession in the city with rigorous restrictions in place.
On hearing a petition filed by a local Shia Muslim organization requesting permission for a symbolic procession for Muharram, a division bench of Justices S.J. Kathawalla and Madhav Jamdar gave permission.
The state government and the petitioner, Idaara-E-Tahafuz-E-Hussainiyat All India, reached an understanding and told the court of the understanding. On that basis the court granted a permission.
Advocate Rajendra Shirodkar, for the organisation, along with advocate Shahzad Naqvi, argued that carrying alam and taziya was part of the Muharram rituals, and hence directions should be provided to the authorities concerned to allow the organization to take out a procession of 20-50 people from Bhendi Bazar to the Mazagaon graveyard. Shirodkar had also requested permission from August 27 to 30 for other rituals to be conducted everyday for two hours.
On Thursday, the court ordered the Principal Secretary (home) and the secretary of disaster management department to hear the petitioners and submit their decision on whether the organisation could be allowed permission and to what extent. After perusing the report yesterday, ordered the state to prepare guidance for the organization to delete taziya and alam.
According to the court order, members of the Shia Muslim community will be able to carry out the procession on August 30, between 4:30 pm and 5:30 pm on a designated route only by trucks and not on foot.
A limit of five people will be permitted on a truck, and only five will be able to travel along the designated path with the tazia symbol for the last 100 m, the order said.
In a representative capacity for and on behalf of the entire Shia community residing in the State, there will be only one Taziya, which will be carried from Zainabia (Bhendi Bazar) Mumbai to Byculla Mazgaon, Shia Cemetry situate at Mumbai, in the entire State. No other Taziya other than the one mentioned hereinabove, will be carried anywhere in the State, said the Court.
On behalf of the organization, Shirodkar gave an assurance that it would stick to the restricted reliefs, the State submitted that it would be applicable only to the said organization and should not be regarded as a precedent.
The court disposed of the Petition after hearing the submissions and as the organization consented.