Chief Justice SA Bobde said that this concession cannot be applied to any other temple or for Ganesh Chaturthi celebrations which involve large congregation
Supreme Court
The Supreme Court on Friday allowed prayers to be offered at three Jain temples in Mumbai for a period of two days for Paryushan.
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Allowing prayers at Jain temples at Dadar, Byculla and Chembur for last two days of Paryushan on August 22 and 23, the apex court said the order won't act as a precedent.
The top court further said that these three temples will have to follow standard operating protocols (SOPs) set by the Centre, which include social distancing and the use of face masks.
A Bench headed by Chief Justice SA Bobde said that this concession cannot be applied to any other temple or for Ganesh Chaturthi celebrations which involve large congregation.
“Permission for Ganpati festival will have to be taken on a case-to-case basis from the Maharashtra Disaster Management Authority. No permission for prayers would be given for any other temple in Mumbai,” said the apex court.
Earlier, Senior Advocate Abhishek Manu Singhvi, appearing for the Maharashtra government, contended that COVID-19 cases have increased exponentially in the state, and India has crossed many other countries vis-a-vis the number of cases.
The bench said it is not treating this as an adversarial matter, to which Solicitor General Tushar Mehta, representing the Centre, said that neither is the central government doing so.
The Chief Justice, citing the Rath Yatra issue, said this is exactly the criticism and the choice we had with the Yatra in Odisha. "We were faced with a difficult choice. But we believed that if social distancing is followed, merely pulling the chariot will not be damaging," he remarked.
Singhvi insisted that the state government is not against any religion. "I myself am a Jain. But, this is a state matter and we should be allowed to take the decision," Singhvi contended.
In response, Chief Justice replied that a blanket prohibition cannot be instituted.
Chief Justice Bobde questioned what was wrong if only five people are congregating at one time. "If that is the case, we don't mind going beyond the Jain community."
Senior Advocate Dushyant Dave, appearing for the petitioners, said that they are seeking visits by only 250 devotees per day for their temples in Mumbai.
Singhvi insisted that the apex court should consider the consequences as the coronavirus cases are rising.
The Shri Parshwatilak Shwetamber Murtipujak Tapagacch Jain Trust had moved the top court to allow them to pray at Jain temples in the city during the Paryushan period, which is significant for the Jain community.
The bench was hearing an appeal against the Bombay High Court order which had said that it did not wish to interfere with the state's decision of not to permit Jain temples in Mumbai to open for devotees to mark the eight-day Paryushan festival from August 15 to 23 in view of the COVID-19 pandemic.
(With inputs from agencies)
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