'Security Overrides Religion': Bombay HC While Refusing Namaz Shed Near Airport

Mumbai, March 5: Refusing relief to taxi and auto rickshaw drivers to offer Namaz at a temporary shed within the city airport during the Ramazan period, the Bombay High Court said that security overrides religion.

The court noted that Ramzan was an integral part of the Muslim religion, but added that people cannot claim to have a religious right to offer Namaz at any place, especially in the vicinity of an airport where security concerns are high.

“There is no question of getting a structure near the airport. Religion or otherwise… security comes first. Everybody travels through this airport irrespective of their religion,” a bench of Justices BP Colabawalla and Firdosh Pooniwalla said.

Petition by taxi and auto drivers’ union

The court was hearing a petition filed by the Taxi-Rickshaw Ola-Uber Men’s Union claiming that the temporary shed where they used to offer prayers had been demolished last year. The plea urged the court to direct the authorities to allot them a place in the same area to offer Namaz.

Pursuant to the court’s direction, the state submitted a report stating that no suitable site was found to allot to the petitioners to offer prayers due to congestion, security concerns and airport development plan constraints.

Security concerns cited

The bench remarked that it cannot grant relief as the issue pertains to the security of the airport. It said that the petitioners would have to find some other place, while adding that there was a madrassa within one kilometre where the petitioners can offer prayers.

Emphasising that there cannot be any compromise when it comes to security, the judges said: “We have never seen anything like this anywhere in the world. You cannot have something like this near the airport.”

Court says prayer at specific place not a right

The petitioners cannot claim as a right that they will offer their prayers at the same spot, the court said. “Tomorrow you will say you want to stand in the middle of Oval Maidan and offer prayers. That is not possible,” it said.

The judges said that while they understand that Ramazan is an integral part of their religion, offering prayers at any place is not a religious right.

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Asking the petitioners to look at the larger good, the bench said: “We will not throw caution to the wind when it comes to security.”

While refusing relief, the bench said that the petitioners can consider submitting a representation to the airport authorities to consider allotting a space in the future when the Terminal 1 airport is redeveloped.

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