The writ petition No.13608 of 2020 for Bibika Alam Juloos starting from Alawa Bibi to Almas Mosque has been dismissed by the HC of Telangana. It has been observed that the right to profess, practise one’s religion is not an absolute fundamental right, it can be subjected to certain reasonable restrictions based on public order, morality and health (Article 25 of Indian Constitution).
The Writ of Mandamus was originally filed by M/S Fatima Seva Dal Society under Article 226 of the Indian Constitution to have the permission to carry out the procession of Bibika Alam Juloos. It was contented by the petitioners that this practice has been followed since, 442 years and it occurs on the 10th day of Muharram were they want to hold a procession with 10 camels, a horse and an elephant with a hula of Hazrath Ali Asghar. Since the 2nd Respondent didn’t grant the permission the petitioner decided to move to court.
Supreme Court under the Writ Petition(s)(Civil) No(s). 859/2020 on 27th August refused to grant permission due to pandemic to hold the procession as this shall create chaos and the chance of spreading the virus might increase.
The court observed that MoHA by its order dated 30.05.2020 as amended by guidelines of Unlock-3 dated 29.07.2020 that maintenance of social distance, wearing of face cover/mask and other guidelines. Further, they permit religious activities but within the premises of the worship place. Further keeping in view, the Epidemic Disease Act, 1897 If the petitioner gives such undertaking to the authority concerned and carries on religious activities within the religious premises/place of worship, by adhering to the MoHA guidelines, there shall not be any interference from the respondent authorities concerned. Further keeping in view, the epidemic disease Act, 1897 and Disaster Management Act 2005, placing the restrictions in order to stop the further spread of virus the restriction imposed is in the operation of law.