'Security Paramount': Bombay High Court Refuses Permission To Offer Namaz At Mumbai Airport

The Bombay High Court on Thursday, while refusing to permit Muslim drivers and passengers to offer Namaz at the Chhatrapati Shivaji Maharaj International Airport (CSMIA), even for the limited period of Ramadan, made it clear that it cannot, at any cost, compromise the security of the airport and whether it is religion or something else, court will only favour security.

A division bench of Justice Burgess Colabawalla and Justice Firdosh Pooniwalla said people from all religions visit the airport and thus the security of each passenger, irrespective whether s/he is a Muslim or a Hindu or any other community, is paramount.

"We are not inclined (to allow the petitions)... Whether it is religion or otherwise, security is paramount... People of all religions be it Hindu, Muslim or any other travel here... Even if there is a Mosque nearby or not, we cannot permit you," Justice Colabawalla remarked after perusing a report submitted by the Maharashtra Government stating that it cannot permit Muslim drivers and passengers to offer Namaz even during Ramadan at the CSMIA vicinity citing threat perceptions.

The report was submitted by Additional Government Pleader Jyoti Chavan, who submitted that at least 7 alternate sites were examined by the various authorities including the local police, Chief Security Officer (at Airport) and also the Anti-Terorrism Cell. However, due to threat perceptions and for the security of passengers and the VVIPs entering and exiting the airport from the gate, near which the petitioners seek to offer Namaz, their requests cannot be permitted, Chavan submitted.

At this, another petitioner's counsel Satish Talekar informed the court of two temples of Lord Hanuman being built at the airport premises, which too fell in the category of illegal structure as alleged against the Shed of the Muslim drivers. He submitted that there has been no security issues at the Shed since last 30 years and now suddenly the State and its authorities were deliberately disallowing Muslim drivers and passengers, to offer Namaz five times a day, as mandated by Islam.

Rejecting the contention at the outset, Justice Colabawalla said, "No one is stopping you from praying five times a day... You can just walk in some Masjid and offer Namaz there... No one is going to stop you there... But here at airport premises when the authorities are saying that there are threat issues and security issues, we cannot allow you here... If we allow you here today, tomorrow you will say you want to offer Namaz in the middle of some flyover, can we permit you then? No that cannot be done."

Further the bench dismissed the contention that Muslims are being 'targeted' by referring to the report submitted by the State citing security reasons for disallowing Namaz at the premises of the airport.

"The report specifically says that the authorities have explored seven alternate sites but none of them were feasible in view of the security reasons. This report is prepared and signed by various authorities right from the Chief Security Officer, the Anti-Terorrism Cell head, the Senior Inspector, the Inspector and so on. Still you want to say all these officers are targeting you? For what?" Justice Colabawalla said.

Further when Talekar again submitted that already two temples of Lord Hanuman are operational at the airport premises, Justice Colabawalla made it clear that it someone complains about it at some point of time, authorities will take action as per the law.

"Just because two people have done some wrong, you cannot say even I will do something wrong," the bench remarked.

The judges while referring to the report, also noted that besides security reasons, the other aspect is that the airport is currently undergoing redevelopment.

"See the airport is being developed. What is some untoward incident happens? Something collapses or falls and what if someone dies? Who will be responsible for the death? We can only permit you to make a representation before the authorities concerned to allot you a site at the developed airport so that this issue does not crop up every year," the judges said.

At this, Chavan raised an objection stating that if Muslims are allowed to make such a representation then it would lead to opening up of a "pandora's box."

"There are so many religions in India, Milords will have to consider the fact that if one religion, be it any, is permitted to make such a representation or is allowed to offer their prayers at a public place, then it will open a pandora's box. I am a Hindu and fast for nine days during Navratri... We visit temple and then come to court... Even we manage everything they too can manage," Chavan submitted.

The judges however, clarified that they were not experts in the field and therefore, it is best for the authorities to decide on the security issues.

"Sitting here and passing an order at the stroke of a pen, will make a huge impact outside..." the bench said while refusing to permit the petitioners to offer Namaz at the airport premises for this year.

Previously - Maharashtra Govt Flags Security Risk In Allowing Muslim Cab Drivers To Offer Namaz Near Airport; High Court Calls For Alternate Arrangement