Allahabad: Spotlighting that the coronavirus pandemic is spreading like wildfire, the Allahabad high court on Saturday dismissed a bunch of petitions seeking permission for Tazia procession during Muharram, adding the decision is very much in proportion to “unprecedented situation”. The petitioners’ plea was that any restriction on the carrying out of procession during Muharram is in violation of their fundamental right of freedom to practise religion. They also cited the Supreme Court order allowing Jagganath Rath Yatra in Puri, Odisha.

On passing some direction to allow procession and burial of Tazia, the court observed, “We have also given serious thought to working out some mechanism in order to permit the processions for Taziya burials, while imposing certain restrictions. However, no such workable mechanism could be suggested even by the counsels for the petitioners. “There is no mechanism fathomable, by the means of which it can be ensured that all such persons be permitted to take the Taziyas to the burial ground in a single day, while avoiding the risk of transmission of the contagion or following basic rules of social distancing, which are an absolute necessity in these unprecedented times.” The petitioners cited the Supreme Court order allowing Jagganath Rath Yatra in Puri, Odisha.

“Also other religious festivals were allowed by state government during the same period but only procession of Muharram is not allowed which is discriminatory action on the part of the state government,” said the petitioner’s counsel. Additional chief standing counsel(ACSC), Ramanand Pandey, appearing for the state government, contended that the freedom to practise religion is not an absolute right and the same is subject to public order, morality and health. He added the state government can restrict religious activities keeping in mind the issue of public health. “State action is not discriminatory rather during the month of August, procession was not allowed during the festivals of Ganesh Chaturthi and Krishna Janamasthmi also. Public is allowed to practice religion inside their house but no public gathering is permitted surfing such events”, said Ramanandey Pandey.

The court rejected the discriminatory charge against the state government. “This argument has no legs to stand on and appears to be patently misconceived. Same yardstick has been adopted for all religious communities and they have been restricted from carrying on any processions or Jhankis or activities that have the danger of large congregations,” said the court. On permission to carry out the Jagannath Rath Yatra, the court said, “Apex Court had not passed any general directions, but the permission to carry out the Annual Chariot Procession (Rath Yatra) pertained to a specific place, Puri, and only from one point to another.”

On restricting certain religious rituals like procession, the court observed, “Prohibition of practices which are essential to our religions is an extraordinary measure, it is very much in proportion to the unprecedented situation we are faced with, owing to the pandemic. The right to practise and propagate religion has been made subject to public order, morality and health, even under the Constitution of India.

“Pandemic is spreading like wildfire, despite harsh lockdowns. We are standing naked at the shore and don’t know when the huge wave of Corona may sweep us into the deep sea. We really don’t know what tomorrow holds. Adoption of safe practices are needed to win over the health crisis,” observed the bench.

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