Bombay HC Denies Permission for Opening of Jain Temple

Must Read

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Follow us

A Writ Petition for urgent relief was filed by the petitioner, a Jain Trust seeking the reopening of the Jain Temple to the public during the holy period of ‘Paryushan’. Bombay High Court denied the prayer in light of the broader public interest.

Brief Facts

On 11th August 2020, the petitioner filed a Writ Petition seeking urgent relief for reopening the Jain Temples. The petitioner sought the aforesaid relief in light of the holy period ‘Paryushan’ from 15th August 2020 up to 23rd August 2020. In accordance, on 11th August 2020, the Bombay High Court directed the petitioner to submit their representations to the Secretary of Disaster Management. The present order has been passed after taking into consideration the reasoning provided by the Secretary, Disaster Management.

Petitioner’s Submissions

The petitioner submitted that on 30th May 2020, the Ministry of Home Affairs (MHA) had issued an order for reopening the places of worship from 8th June 2020. Further, on 4th June 2020, the Ministry of Health and Family Welfare had published a Standard Operating Procedure (SOP) on preventive measures to be undertaken to curb the spread of COVID-19 in places of worship. Despite the aforesaid, the Government of Maharashtra has not allowed the public to visit religious places till yet. However, spas, gyms, malls, liquor shops, market complexes, etc. continue to be open to the public.

Respondent’s Submissions

The Secretary, Disaster Management and Rehabilitation (DMR) have submitted that as on 11th August 2020, the total population affected by COVID-19 in the State of Maharashtra is 5,35,601 and the total number of deaths is 18,306. The Secretary, DMR has also provided a breakdown of these numbers for Mumbai City, MMR Area, and Pune Districts which portray that Maharashtra is one of the most affected states in India. The Secretary, DMR has accepted that the MHA allowed reopening of places of worship from 8th June 2020. However, the States/UTs have been given the liberty to prohibit activities/impose other prohibitions if deemed necessary. The decision to keep the religious places closed for the public is a conscious policy decision taken by the Government after assessing the prevailing situation.

It has also been submitted that the restriction on reopening of places for worship in the state has been followed for all other festivals viz—Gudhi Padwa, Ramadan Eid, Buddha Pournima, Bakari Eid, Dahi Handi, etc. A Writ Petition for yatra to Pandharpur during Ashadi Ekadashi was dismissed by the court on 30th June 2020 keeping in mind the current situation. The Secretary, DMR has submitted that it is impossible to monitor the social distancing conditions in places of worship strictly. A recent example of Tirupati Balaji Temple in Andhra Pradesh where 743 employees tested positive for COVID-19 has been cited by the Secretary, DMR in this regard.

The Respondents expressed concerns that if urgent relief is allowed in the present matter, similar applications will follow. This will further complicate the management of the pandemic.

Court’s Observations

Although the court agreed with the submissions of the Respondent, it acknowledged the inconvenience caused to the public due to the numerous restrictions imposed in light of the pandemic. The court also expressed that the public must appreciate the measures undertaken by the Centre and State to safeguard public health. It reiterated that the citizens must balance their religious duty with public duty and remarked “God is within us” and “God is everywhere”.

Court’s Decision

Justice Jamdar and Justice Kathawalla denied the urgent relief sought by the petitioner “with great reluctance”. However, the Bench didn’t dismiss the petition and placed it for direction on 7th September 2020. This was done keeping in mind that the present restrictions are in force only up to 31st August 2020.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Law Student Asked the Supreme Court To Take Suo Moto Cognizance of the Violent Farmer Protests

A law student of Mumbai University, Ashish Rai has asked the Supreme Court to take Suo Moto Cognizance of the insult to the national flag done by the farmer protests at the Red Fort. In the course of the farmer's tractor rally on Tuesday, some of the protesters unfurled their own flags by entering the premises of the Red Fort.

Farmers Meeting With the Supreme Court Committee Postponed To Jan 29 Due To the Traffic Restrictions

Due to the traffic restrictions after the violent protests broke out on Republic Day, the meeting of farmers with the Supreme Court Committee that was supposed to take place today was postponed to 29th January.

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff sought ad-interim restraining order on...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

More Articles Like This

- Advertisement -