Lawstreet Journal

Restriction Placed on Places of Religious Worship During Lockdown Are In Larger Public Interest: P&H HC [READ JUDGEMENT]

Lawstreet Journal 10 Jun 2020 8:59pm

Image courtesy: Lawstreet Journal Judiciary Restriction Placed on Places of Religious Worship During Lockdown Are In Larger Public Interest: P&H HC [READ JUDGEMENT]

A Division Bench of Justices Rajiv Sharma and Ajay Tewari of the Punjab and Haryana High Court, in the matter of Mubeen Farooqi v. State of Punjab and Ors., has upheld the restrictions placed on the religious places due to COVID-19. The Court said that it will not substitute its wisdom for the wisdom of the Executive decision, which has been taken in the larger public interest.


Background of the Case: 

The Public Interest Litigation was instituted by the petitioner, an Advocate by profession, and the President of the Muslim Federation of Punjab, Malerkotla making averments that the respondent States had imposed curfew/lock-down to avoid the spread of Coronavirus. The restrictions imposed by the Ministry of Home Affairs vide order dated March 24, 2020, were relaxed from time to time but no relaxation had been provided qua religious places. As Ramadan which is the most sacred month of the year in Islamic culture fell in between lockdown, he claimed that Mosque/Idgah is the best place to offer prayer during Ramadan and the period could be restricted to one hour for offering Jamaat/Namaz of Eid-Ul-Fitr and Dua. He had further averred that the places of worship i.e. Mosques/Idgahs, Gurudwaras, and Temples, could also be opened since the shops and markets had been permitted to open by maintaining social distancing. 

Counsel for the petitioner had argued that the restrictions imposed by the Union of India qua religious places of worship were unconstitutional and the fundamental rights of the petitioner had been violated and the imposed restrictions… Continue Reading...

Tagged: Lockdown  
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