No High Court Nod For Mass Prayers At Mumbai Mosque During Ramadan

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Mumbai's Juma Masjid.

Raju Vernekar | India Tomorrow

MUMBAI—The Bombay High Court on Wednesday refused permission to the Juma Masjid Mosque Trust(JMMT), to allow people to offer Namaz at its mosque in South Mumbai during the Ramazan period, saying the COVID-19 situation was ‘serious and critical’ and the safety of citizens was more importance.

A vacation bench of Justices R D Dhanuka and V G Bisht noted that the Maharashtra government found it expedient to impose restrictions to break the chain of transmission of the coronavirus.

While hearing the petition filed by the JMMT, seeking permission to allow people from the Muslim community to offer the prayers five times a day at its mosque, the bench stated that the right to celebrate or follow a religious practice is important, but what is more paramount and of importance is public order and the safety of citizens.

The petitioner said the mosque is spread over an acre and around 7,000 people can assemble at a time. However, considering the COVID-19 situation, only 50 persons would be allowed at a time to offer prayers during the Ramadan period and all safety precautions would be followed.

Additional Government Pleader Jyoti Chavan, appearing for the Maharashtra government, opposed the plea and said the situation in Mumbai and Maharashtra is alarming. “We cannot make an exception to any religion, especially in this 15-day period. We cannot take a risk at this stage and all citizens should cooperate. The government was not prohibiting any person from practising his/her religion, but they should do it in their homes,” she added.

The court while dismissing the plea said it cannot consider the petitioner’s request in view of the COVID-19 situation which is ‘serious and critical’ in nature. “In our view, the restrictions imposed by the state government are due to the COVID-19 circumstances. Considering the prevailing situation and ground reality in Maharashtra, we cannot permit the petitioner to perform prayers at the mosque,” the court said.

Stating that the government’s order of restrictions is in public interest and for the safety of all residents of Maharashtra, the bench noted and added that in the past, several courts across the country refused permission to many other religious congregations due to the COVID-19 pandemic.

Reeling under an unprecedented COVID-19 wave, the Maharashtra government on Tuesday announced severe restrictions on public movement over the next 15 days across the state. As part of the curbs, all religious places and malls shall remain shut. The restrictions, which exclude essential services, will come into effect from 8 pm on Wednesday and remain in force till 7 am on May 1. Section 144 of the Criminal Procedure Code (CrPC), prohibiting assembly of five or more people at one spot, will be in force during this period, Chief Minister Uddhav Thackeray said on Tuesday.

The holy month of Ramadan which began on Tuesday evening will continue till May 13. It is the ninth month of the Islamic calendar and is celebrated by people belonging to the Muslim community all around the world. This annual observance is regarded as one of the five pillars of Islam. It lasts between one sighting of the crescent moon and the next. It is the month of Ramadan during which the Quran was revealed on Prophet Muhammed.

The month is all about heightening one’s spiritual credence and detoxifying the body by fasting from dawn to dusk. During Ramadan, people have their first meal before sunrise known as ‘sehri’ (also called suhur) and the other meal is ‘iftar’, which is served after sunset. People gather in masjids for prayers and also host iftar parties. However, like the previous year, the celebrations this year too will be dampened due to the alarming rise in COVID-19 cases in Maharashtra.

Maharashtra Government Guidelines

The Maharashtra government has issued a list of guidelines to be followed during the month of Ramadan: 1. To curb the spread of COVID-19 during the holy month of Ramadan, Muslims should perform Namaz, Taraweeh and Iftar in their homes without coming together in a mosque or a public place. 2. The holy month should be celebrated in a very simple manner by strictly following social distancing, wearing masks, using hand sanitizers, etc. in public places without more than five people gathering at a time.

3. During Ramadan, Muslims fast for 30 days in the morning and break their fast in the evening before Maghrib prayers. Many fruits and other food vendors are expected to throng during Sehri and Iftar. Hence, the local administration must take appropriate measures in this regard.

4. On the last Friday of Ramadan, a large number of Muslims come to the mosque for the Alvida Jumma prayers. But this time, keeping in mind the increasing cases of COVID-19, no one should gather in the mosque and pray at home.

5. Shab-e-Qadr is a holy night observed on the 27th night of the month of Ramadan. On this occasion, after the Taraweeh prayers at night, the Muslims perform Quran recitation and Nafl prayers in the mosques. But this year, all Muslims should perform these religious programs in their own homes.

6. People should not rush to the market to buy goods or gather together. Also, if the local administration has set a time limit for the purchase of goods, it should be strictly followed.

7. Due to the closure of religious places, programs should be organized online in a closed space following the norms issued by the government.

8. As Section 144 is imposed in the daytime and curfew at night, vendors should not set up stalls and citizens should not roam on the streets without any reason.

9. No processions including religious, social, cultural or political events should be organized during Ramadan.

10. As religious places are closed, religious leaders, social activists, political leaders and NGOs in the Muslim community should create an awareness among the people to celebrate the holy month in a simple manner.

11. It is necessary to strictly follow the rules of social distancing during the holy month of Ramadan. It is also important to use masks and sanitizers.

12. It is mandatory to comply with the rules prescribed by the state government as well as the concerned municipal corporation, police, local administration.

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