COVID-19: SC asks Bombay HC to decide plea seeking stay on burial in three Mumbai cemeteries
Tribune News Service
New Delhi, May 4
The Supreme Court on Monday asked the Bombay High Court to decide a petition filed by a man from Mumbai seeking stay on burial at three cemeteries in densely populated Bandra West area of the metropolis to prevent spread of COVID-19.
A Bench headed by Justice Rohinton F Nariman said since the interim order was passed in the absence of any report or affidavit filed by the State of Maharashtra or Brihanmumbai Municipal Corporation (BMC), it would be proper that the issue was finally decided by the Bombay High Court.
The Bench asked the high court to decide the matter in two weeks.
Petitioner Pradeep Gandhy had challenged a Bombay High Court order dated April 27 dismissing his plea against the permission given by BMC for the use of Bandra West cemeteries to bury dead bodies of COVID-19 victims.
Jamiat Ulama-i-Hind—a prominent Islamic body in India—had sought to join the issue, contending that burial is an integral part of Islam. It has urged the top court to give it a hearing in the matter.
The HC had directed the BMC to remove three locks put up by local residents on April 13 at the gates of the cemetery.
The petitioner contended before SC that the present “unprecedented health situation” should take precedence over the right to religion of COVID-19 victims’ family members.
Maintaining that his demand was precautionary in nature, he said it was imperative to be safe rather than sorry in these extraordinary times as there was no cure to COVID-19.
Gandhy—whose house is situated near Konkani Muslim Kabrastan—contended that local residents were afraid of community spread of COVID-19.
Citing guidelines issued by Union Ministry of Health and Family Welfare for the last rites of COVID-19 victims, Jamiat Ulama-i-Hind said the disease is mainly transmitted through droplets.
“…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 body,” it contended.
