Tuesday, October 19, 2021
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Appeal in SC for restricted Muharram procession: Court says get states also on board

New Delhi: A petition has been filed in the Supreme Court seeking permission to carry out Muharram processions by the Shia Muslim community in a limited manner amid the COVID-19 pandemic.

The Bench of Chief Justice SA Bobde, with Justice AS Bopanna and Justice V Ramasubramanian yesterday asked the petitioner to implead all states as parties in the matter.

Wasi Haider, counsel for the petitioner, has submitted that the permission is being sought for processions in a limited manner with only five participants and while ensuring that all other safety norms are followed.

SA Bobde

The court noted that the state governments have not been made parties in the petition. Therefore, it directed the petitioner to ensure that state governments are added as parties since the state governments are empowered to enforce the Union Home Ministry’s guidelines issued under the Disaster Management Act amid the pandemic.

The court is of the view that states would have to be heard before passing any orders. “States are not party, we can’t pass order without hearing the states as procession will take place in states,” observed the court.

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Last week, the Supreme Court had allowed the opening of 3 Jain temples in Mumbai for prayers to be offered by devotees for Paryushan.

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