HC Allows BPP’s Plea For Praying At Doongerwadi On Farvardin Roj

In keeping with the plea of BPP to allow members of Mumbai’s Parsi Community to come together and pray at the Doongerwadi (Kemp’s Corner) on the auspicious occasion of Farvardin Mahino-Farvardin Roj, on 3rd September, 2020, the High Court in Mumbai provided permission for the same, but only in limited or prescribed numbers. 

The prescribed timings for gathering at the Tower of Silence was from 7:00 am to 4:30 pm, with only six persons, not below the age of 10 years and not above the age of 65 years, being allowed at a time to be present, in each of the five prayer pavilions in the premises, along with two priests.

The Division Bench comprising Justices R D Dhanuka and Madhav Jamdar, while hearing the petition filed by BPP representative and Trustee, Viraf Mehta, was informed by advocate Prakash Shah that after the meeting with the Principal Secretary Home and Secretary Disaster Management Department, as directed by the Court earlier on 31st August, 2020, they had filed an additional affidavit with a modified itinerary for 3rd September, 2020.

The court also said that in the case of a violation of these guidelines laid down by the Centre and those issued by the State Government with regards to Covid, the petitioner trustee would be personally held liable for contempt and punishment.

Shah submitted that around 200 members of the community would reach Doongerwadi and the trustees would ensure that all Coved-related protocols were followed. Additional Solicitor General Anil Singh and Advocate General Ashutosh Kumbhakoni had submitted that since congregation of people was not allowed, BPP would have to ensure that all the 200 members do not reach the venue at the same time.

Shah and Mehta accordingly assured the court that the members would come only at the appointed time given to them and would leave after praying for half an hour. They also submitted that not more than six members would be present along with two priests in each of the five pavilions in the expansive property; hence there was no question of a congregation. After hearing the submissions, the court accepted the undertaking of BPP and directed the State to make arrangements for smooth flow of traffic outside the venue. The court stated that it was allowing the community considering the peculiar facts of the case and hence it should not be treated as a precedent and disposed off the petition.

However, in keeping with the enthusiasm of humdins who wished to visit and pray at the Doongerwadi on 3rd September, 2020, by 1:25pm, the BPP had to put out a notice stating that they had already attained the figure of 198 eligible visigtors. “Adhering to the Court order, we regret to inform you that we will not be able to accommodate ay more Humdeens at Doongerwadi for the prayers,” stated the notice.

Despite the restrictions, this successful effort taken by the BPP has deservedly garnered much praise from the Community, especially during the peaking phase of the pandemic where restrictions are being implemented with greater force.