Bombay High Court Asks State Govt To Decide Plea To Allow Namaaz At Mumbai's August Kranti Maidan

The Bombay High Court on Friday (June 6) ordered the Secretary, Cultural Affairs Ministry of the Maharashtra Government to decide, preferably today itself, the representation to perform Namaaz on city's August Kranti Maidan.

A vacation court division bench of Justices Dr Neela Gokhale and Manjusha Deshpande noted that the petitioner - Umer Abdul Jabbar Gopalani in his petition, only challenged the order passed by the Gamdevi Police Station of Mumbai Police, which refused permission to perform mass Namaaz at August Kranti Maidan.

The police had refused permission on the grounds of possible traffic issues, and also the possible "law and order" situation, that may arise due to use of the public ground for such religious purpose.

The petitioner contended that they have been using the said land for nearly 50 years now and there have been no instance of law and order situation and thus they must be permitted even this year. He also relied on the permissions obtained from the city's Traffic Police and also the Brihanmumbai Municipal Corporation (BMC).

However, Chief Public Prosecutor Hiten Venegavkar pointed out that the Traffic Department and also the BMC have not permitted but have said they will permit only after the petitioners comply with certain conditions.

During the hearing, Justice Gokhale referred to an order passed by a coordinate bench of the High Court, way back in March 2006, wherein it has been held that the permission for use of August Kranti Maidan, can only be given by a competent authority which will be the Secretary, Cultural Affairs and Social Justice Ministry of the State since the said ground is a "protected monument."

Having noted the same, the bench permitted the petitioner to amend his plea, and implead the competent authority. A further directive is issued to the said competent authority to decide the representation of the petitioner expeditiously and preferably today itself.

With these observations, the bench disposed of the petition.