Bombay High Court
All India Idara-Tahafuz-E-Husainiyat vs The State Of Maharashtra And 4 Ors on 8 October, 2020
Equivalent citations: AIRONLINE 2020 BOM 2564
Bench: S.J.Kathawalla, Riyaz I. Chagla
N. D.
Jagtap
Digitally signed
Nitin 1 / 5 WPL-4032-2020-UR.doc
by N. D. Jagtap
Date: 2020.10.08
15:52:11 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 4032 OF 2020
All India Idaara-Tahafuz-E-Hussainiyat ... Petitioner
Versus
The State of Maharashtra ... Respondent
Mr.Rajendra Shirodkar, Sr. Adv. a/w. Mr.Asif Naqvi, Mr.S.Shehzad A.
Naqvi, Mr.Archit Sakhalkar for the Petitioner.
Mr.A.A.Kumbhakoni, Advocate General a/w. Ms. Poornima Kantharia,
GP a/w. Ms. Geeta Shastri, Addl. GP for the State.
CORAM : S.J.KATHAWALLA, &
RIYAZ I. CHAGLA, JJ.
DATE : 8TH OCTOBER, 2020
(THROUGH VIDEO CONFERENCING)
P.C. :
1. The Petitioner All India Idaara-Tahafuz-E-Hussainiyat
through its General Secretary Shri Habib Nasir has stated in the above Petition that they are one of the oldest organization of the Shia Community.
2. By the above Writ Petition, the Petitioner is seeking appropriate writ, order or direction to allow the Petitioner to carry out procession of Chehlum (40 days) Muharram on 8 th October, 2020 between 03.00 p.m. to 05.00 p.m. beginning from Masjid-e-Iranian (Imambada Road) to Rehamatabad Qabarastan, Mazgaon, Mumbai.
3. In the above Writ Petition, this Court has passed an Order on 6th October, 2020, whereby the Principal Secretary (Special), Nitin 2 / 5 WPL-4032-2020-UR.doc Home Department and the Secretary, Disaster Management Department were directed to hear the President and General Secretary of the Petitioner organization at 11.00 a.m. today. Both the aforesaid Secretaries were directed to submit their decision with reasons to this Court by 04.00 p.m. today.
4. Accordingly, the parties have been heard by both the aforesaid Secretaries. Keeping in view the seriousness of the matter, the Secretaries had permitted Mr.Avinash Dharmadhikari, Assistant Police Commissioner, Dongri Division and Mr. Deepak Kajave, S.B.I. CID to attend the hearing. The aforesaid Secretaries have taken the following decision :
"13. Taking into consideration the situation and the prevailing circumstances throughout the State of Maharashtra and more particularly, Mumbai City, the Mumbai Metropolitan Region (MMR), we hereby allows the Petitioners to carry out the procession of Chehlum (40 days) Muharram on 8th October, 2020, to the extent of the orders of the Bombay High Court in Writ Petition No. 350 of 2020 passed on 28 th August, 2020. The said procession will be allowed to begin at 3 PM from Masjid-E-Iranian, Imambada Nitin 3 / 5 WPL-4032-2020-UR.doc Road and end at Rehmatabad Kabrastan, Mazgaon, Mumbai latest by 5 PM."
5. Both the parties have agreed that in view of the limited order, that is being passed hereunder, no reasons in support of this Order be recorded, especially since this Order is being passed as and by way of an exception, which is not intended to be used as a Precedent by other persons, to seek permissions, to hold any festival / festivities, which would involve by their very nature congregation of people.
6. On behalf of the Petitioner, the General Secretary Shri Habib Nasir, has attended the hearing and we have heard him personally, via Video Conferencing, though limited to the extent mentioned hereunder.
7. The said General Secretary, Mr.Habib Nasir states that in a representative capacity for and on behalf of the entire Shia community residing in the State, there will be only one Tazia which will be carried from Masjid-e-Iranian (Imambada Road) to Rehmatabad Qabarastan, Mazgaon, Mumbai in the entire State. No other Tazia other than the one mentioned hereinabove, will be carried anywhere in the State.
8. The said General Secretary, Mr. Habib Nasir has given Nitin 4 / 5 WPL-4032-2020-UR.doc following undertakings to this Court which are hereby accepted :
i. The aforesaid one Tazia will be carried / transported from Masjid-e-Iranian (Imambada Road) to Rehmatabad Qabarastan, Mazgaon in a truck i.e. transport vehicle large enough to accommodate it. There will not be any procession as such, for carrying the said one Tazia, in the aforesaid manner. ii. In no case whatsoever, any congregation of people at any point from the beginning till the end of the said journey of aforesaid one Tazia will be allowed.
iii. The aforesaid one Tazia will be carried along strictly aforesaid one route on Thursday 8 th October, 2020 from 03.00 p.m. to 05.00 p.m. iv. Not more than seven persons will carry the aforesaid one Tazia on a truck, as aforesaid along with two videographers. However, after taking the aforesaid one Tazia down near the Rehmatabad Qabarastan, Mazgaon, it will be carried on foot, for a distance of not more than hundred meter. v. The Petitioner and all its members will strictly abide by the rest of the guidelines issued by the Home Department, State of Maharashtra.
9. The State Government shall, if not already imposed, impose a restriction over gathering of people at the appropriate Nitin 5 / 5 WPL-4032-2020-UR.doc places, by issuing appropriate orders, including the point where aforesaid one Tazia is to start its journey, up to and including the graveyard, where its aforesaid journey will end, by passing appropriate orders under Section 144 of the Code of Criminal Procedure, 1973. The State shall also provide an escort as also a pilot car for the aforesaid truck, carrying aforesaid one Tazia and will take appropriate measures to keep the traffic away and the road clear along the aforesaid route, which is hereinabove prescribed as a route for carrying the aforesaid one Tazia.
10. The Writ Petition is accordingly disposed of.
11. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. ( RIYAZ I. CHAGLA, J. ) ( S.J.KATHAWALLA, J. )