The Bombay High Court has reserved judgement on whether Muslims dying of Covid-19 could be buried at the cemetery in suburban Bandra. 

A bench of Chief Justice Dipankar Datta and Justice Sambhaji Shinde closed the matter for judgment, after dealing with a bunch of petitions filed by Pradeep Ghandy and other residents of Bandra. The residents apprehended that if these bodies are not disposed or buried properly then there were chances of a community spread in the local area.

The BMC vehemently opposed these contentions through its senior counsel Anil Sakhre. “Dead bodies do not spread the virus. We take proper precautions in disposing of all Covid-19 bodies,” Sakhre told the bench. 

“Even the family members of such victims are not allowed to touch the body, they are only allowed to see the deceased,” Sakhre submitted. The contentions of these residents were further opposed by the trustees of the Qabristan. Their counsel told the bench that due diligence was being carried out while burying the dead bodies.

The counsel also argued that the residents have failed to place on record any scientific material to show that the virus spreads through dead bodies. He also cited the circular of the Union government, issued last month, which pertained to disposal of dead bodies of coronavirus victims. “The circular specifically states that the virus spreads only through droplets. It also states that if proper precautions are taken then there are no risks of the virus transmitting from the dead body,” the counsel submitted.

Notably, the local residents had locked up the Qabristan on April 13 and disallowed the civic body to bury a Covid-19 victim. However, another bench of Justice Burgess Colabawalla had last month ordered the officials to break open the locks and bury Covid-19 victims in the cemetery.

-India Legal Bureau

The writ petition was taken up via video conferencing, in view of COVID-19 pandemic situation. The matter was heard by Justice Riyaz Iqbal Chagla, Bombay High Court.

The learned Counsel appearing for the Petitioners relied upon an order passed by the Supreme Court on 04^th May, 2020 in the SLP filed challenging the ad-interim order passed by the Bombay High Court on 27th April 2020 which had denied ad-interim relief in the Petition.

The learned Counsel for the Petitioner stated that since the interim relief is the same as the final relief, the Petition itself can be disposed and it is not necessary as made out by the Respondents to file a Motion in the Petition.

The learned Senior Counsel appearing for the Respondent BMC said that the order of the Supreme Court is very clear that a Motion itself is contemplated which when filed is to be disposed of at the earliest. He had sought time to file the Reply of BMC.

The Bombay High Court on 27^th April, 2020 had held, “The Government of India through the Ministry of Health and Family Welfare has also issued guidelines for dead body management during the current COVID-19 pandemic. These guidelines clearly state that there is unlikely to be an increased risk of COVID infection from a dead body to health workers or family members who follow standard precautions while handling the dead body. These guidelines further contemplate the burial of the deceased persons and how the 3/5 4A-LD-VC-IA-1-2020.doc 4A-LD-VC-IA-1-2020.doc same is to be handled is also set out in the said guidelines. This being the case, I do not think that there can be any ad-interim relief granted in the present petition directing any authority from restraining any person from burying their deceased.”

The said order of the Bombay High Court was challenged before the Supreme Court which had directed the Bombay High Court on May 4, to decide the plea, preferably within two weeks, opposing the burial of people dying of COVID-19 in a cemetery in Mumbai’s Bandra west locality on the ground that it might spread infection in adjoining areas.

“The Respondent No.2-Corporation shall file its Affidavit in Reply to the Petition within a period of one week from today. The Writ Petition is adjourned to 19th May 2020. Since I have heard the matter via Video Conferencing, following the procedure previously notified, the matter is assigned a temporary number. A formal number will follow once normal working of the Court resumes”, said Justice Riyaz Iqbal Chagla Bombay High Court.

-India Legal Bureau

A bench led by Justice RF Nariman and Indira Banerjee passed the orders the special leave petition filed by a resident of Mumbai, Pradeep Gandhy against the refusal of the Bombay High Court to grant interim stay on the burial of dead bodies of the deceased persons who were infected with COVID 19 in three Muslim Cemeteries in Mumbai.

The petitioner submitted that the Konkani Muslim Cemetery, Khoja Sunnat Jamat Kabrastan Bandra West and KhojaIsnaAshari Jammat Kabrastan Bandra West are interconnected and are immediately next to Petitioners residence. The cemeteries are surrounded by residential colonies and falls in the heart of Bandra West.

The Petitioner expressing fear of the spread of the covid-19 virus through the soil to the nearby populace, if the infected bodies are buried in the subject cemeteries submitted  “the present unprecedented health situation ought to take precedence over the religious rights of the deceased’s family members seeking to bury the deceased at the subject cemeteries.”

The bench however rejecting the contention of the petitioner dismissed the petition with a direction the Bombay High Court to decide the petitioner’s pending plea within a period of two weeks.

-India Legal Bureau