Synopsis: The Gujarat High Court ordered to initiate an inquiry into a Muharram procession taken out in Khambhat of Anand district on August 30.
The court was hearing a Public Interest Litigation filed by a Gujarat High Court practitioner alleging that the inaction of the local administration that allowed “members of a specific group” to carry out a procession of Muharram “without observing social distancing norms and without wearing masks” in the midst of the pandemic.
The division bench said that in Anand, the administration absolutely failed to “maintain the necessary protocols on the occasion.”
The court ordered the State Home Department’s Principal Secretary to conduct an investigation into the matter immediately and file a report before the court.
Chief Justice Vikram Nath and Justice J B Pardiwala also ordered the Collector of Anand and District Magistrate to file their individual papers, as well as the Police Superintendent, of Anand District. It is expected that all reports will be filed by November 27.
According to the petitioner’s counsel, Apurva Kapadia, who appeared as a party-in-person in the PIL, told the court that a Muharram procession was carried out in Khambhat city on August 30, despite several orders, prohibiting public gathering in the light of the pandemic. It was also alleged that the route of the procession passed through the Mamlatdar and Khambhat Police Chowky and, although the procession had no permission, no action was taken by the officials, except for the registration of the FIR.
The bench termed the incident as disturbing to such an extent that they are short of words to express their anguish by watching the photographs of the procession placed before the court. The bench also noted that all those who participated in the procession not only put their own lives at risk, but also of their family members who may be at their respective homes. The outcome of this rash act on the part of Khambhat residents has caused devastating consequences in the form of more than 900 cases registered in the district of Anand, of which 400 were from Khambhat itself.
The bench asked the local government, particularly the police machinery, “what they were doing on that particular day when thousands flocked to the mosque and carried out the 3 km procession,” noting in its order that “not a single person in the crowd” was wearing a mask.