SC dismisses PIL seeking permission for holding Muharram processions

The Supreme Court on Thursday dismissed a public interest litigation seeking permission for taking out Muharram processions, saying a general direction for the entire country in this regard will lead to chaos.

“It is not possible to give general directions for the entire country. It will create chaos. That particular community will be targeted for spreading Covid-19... we do not want that,” a three-judge bench headed by the chief justice of India SA Bobde said. The bench said such an order can put the entire community in difficulty and noted that states were also not made parties by the petitioner, Muslim cleric Kalbe Jawad.

The petitioner cited the concessions given by the court this month to the Jain community to worship at three of their temples in Mumbai for the last two days of the Paryushan festival. He said a similar relief was also granted by the court for conducting the Rath Yatra in Puri.

The bench said in the Jain and Puri cases, they could assess risk as they were happening at a particular place. “You are seeking directions for the entire country.” It added that if the request was made for one place, it could be considered.

Jawad’s lawyer, Azim H Laskar, pointed out that a majority of Shia Muslims, who mainly take out Muharram processions to mourn the killing of the Prophet’s grandson Hussain and other members of his family in the battle of Karbala in the seventh century, are concentrated in Lucknow. He said the processions are to be held on Saturday.

The bench allowed the petitioner to approach the Allahabad High Court. “We cannot know what are the conditions there [in Lucknow]. You approach the High Court, “ said the bench.

Two petitions have been filed in the Supreme Court seeking permission for taking out Muharram processions.

Two days ago, the Supreme Court heard a similar plea seeking permission for taking out Muharram processions.The bench, headed by CJI Bobde, directed the petitioner, one Sipte Mohammad from Uttar Pradesh , to include all states in his petition and posted the matter for a hearing after four weeks.