The Bombay High Court on Thursday said that security overrides religion while refusing any relief to taxi and auto-rickshaw drivers seeking to offer namaz at the site of a now demolished temporary shed near the city airport during Ramzan. A bench of Justices B P Colabawalla and Firdosh Pooniwalla noted that while Ramzan was an integral part of Islam, its adherents cannot claim to have a religious right to offer namaz (prayers) at any place during the holy month, especially in the vicinity of an airport where security concerns are high.
Bombay HC says it will not throw caution to the wind
Repeatedly stressing on the aspect of airport security, the HC said it will not throw caution to the wind. The court was hearing a petition filed by the Taxi-Rickshaw Ola-Uber Men's Union claiming that a temporary shed in the vicinity of the Chhatrapati Shivaji Maharaj International Airport (CSMIA), where they used to offer prayers, was demolished by authorities last year.
The plea sought for them to be allowed to use the same space or be allotted another site in the same area where they could offer namaz. Muslims currently are observing the holy month of Ramzan, a period involving daily fasting from dawn to sunset, prayers, increased charity, and spiritual reflection.
Last week, the court directed the police and airport authorities to consider if any other space can be allotted to the petitioners. On Thursday, the authorities submitted a report, saying seven other sites were surveyed, but none were found to be suitable to be allotted to the petitioners to offer prayers due to congestion, security concerns and airport development plan constraints.
Bombay HC says it cannot grant any relief to petitioners
The court, after perusing the report, observed it cannot grant any relief to the petitioners as the issue pertains to the security of the airport. The court maintained the petitioners will have to find some other place and noted that there was a madrassa (Islamic school) within 1 kilometre of the spot where they can offer prayers.
The petitioners cannot have a prayer area in the vicinity of the airport as safety issues are involved, the HC emphasised. "There is no question of getting a structure near airport (to offer prayers). Religion or otherwise - security comes first. Everybody travel through this airport irrespective of their religion," the court noted.
When it comes to security, there cannot be any compromise, the bench stressed. "We have never seen anything like this anywhere in the world. You cannot have something like this near the airport," the court further observed.
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