No general directions for Muharram processions

The Supreme Court has refused to pass general directions for Muharram Processions across the country amid the pandemic restrictions, observing that this may lead to chaos and targeting of one particular community for spreading COVID-19. the Bench was headed by CJI Bobde, and he emphasized that such generic directions cannot be issued in exercise of Article 32 of the Constitution.

Advocate Azim.H. Laskar, appearing for prominent Shia cleric Syed Kabe Jawad a Lucknow-based petitioner later pointed out that the court had allowed the annual chariot procession of Jagannath Puri temple festivities and had given access to Jain temples for the occasion of Paryushan.

In reply to that CJI said that those permissions were given for specific places and not the whole country. In Jagannath Puri case the rath yatra was allowed from one place to another. In case of Paryushan, the order was specifically for three Jain temples in Mumbai and only five people were allowed at a time.In such cases risk and damages can be assessed, but when it comes to the whole country they cannot be assessed. He also pointed out that public festivities for Ganesha festival were also not allowed in Tamil Nadu. 

The bench further said that court would not pass orders that could risk health of so many people. It allowed the petitioner to withdraw the petition with liberty to approach the High Court of Allahabad with limited prayer of holding procession in Lucknow.