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Bombay HC allows Parsis to pray at Tower of Silence with restrictions

New Delhi: The Bombay High Court has allowed the Parsi (Zoroastrian) community in Mumbai to offer Farvardiyan prayers at the Doongerwadi Tower of Silence in Mumbai for a day, after the Maharashtra government denied permission for the same.

The court also said its order was to be treated as an exception, and others seeking permission for any other religious event or prayers cannot use this as a precedent.

The division bench of Justices R.D. Dhanuka and Madhav J. Jamdar granted the permission on the condition that no person below the age of 10 or above the age of 65 would be allowed at the premises in the wake of the COVID-19-related restrictions.

Parsis to pray at Tower

The bench also mandated that attendees will compulsorily use masks, sanitisers, and follow the standard operating procedures (SOPs) issued by the Centre and the Maharashtra government last month on implementing safety precautions in the wake of COVID-19.

As per the order, the prayers will be held on Septmebr 3, 202, between 7 am and 4:30 pm and not more than 200 people will attend it. At any given hour, only a maximum of 30 people will be permitted inside the premises.

Advocate General Ashutosh Kumbhakoni said the state had refused permission because the petitioners insisted on a large number of participants, instead of holding a “symbolic prayer”.

“We are not against any one particular community. We are asking them to stay at home for their own safety. Our (state’s) approach is like that of the parents of citizens. We want them to be safe from the virus,” Kumbhakoni said.

The Union government’s counsel, Additional Solicitor General Anil Singh, also said the Centre was not opposed to any community’s festivities, but it only cared for the larger public health and safety.

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The petitioner’s counsel, Prakash Mehta, however, told the court that BPP would restrict the number of people attending the prayers and also take all safety precautions.

As per the order, all participants’ temperatures will be recorded before they enter the premises, and use of masks, sanitisers will be mandatory.

Read the order here;

Viraf-D-Mehta

-India  Legal Bureau

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