New Delhi: Chief Justice of India (CJI) S.A. Bobde Friday questioned the government’s decision to reopen economic activities but not places of worship during ‘unlock’, calling it a “strange” decision.

“We have indicated our minds about worshipping. We find this very strange that every activity they are allowing (during unlock) involves economic interest. They are willing to take the so-called risk where money is involved, but if it involves religion, they talk about Covid and risks,” CJI Bobde said, while hearing a Jain temple trust’s petition to keep its three temples open for the Paryushan festival.

The Sri Parshwatilak Shwetambar Murtipujak Jain Trust had moved the top court against the Bombay High Court’s 14 August order refusing permission to allow offering of prayers during the Paryushan period.

CJI Bobde’s comments came after senior advocate Dushyant Dave, appearing for the petitioner, contested the Maharashtra government’s decision to disallow offering of prayers in temples during the festival that began on 15 August and will end on 22 August.

“Is the state today policing the malls? The barber shops? The liquor shops? See what is happening in liquor shops? There are congregations in malls. Thousands of people are standing in line at liquor shops. When a community is saying we can police our people, then why not allow,” Dave argued, undertaking to comply with social distancing norms.

The bench, led by CJI, then permitted prayers at temples of Dadar, Byculla and Chembur with a direction to the trust to follow the Standard Operating Procedure (SOP) formulated by the authorities with respect to Covid-19.

It was also clarified that the order will not be cited as a precedent and not apply to other temples or festivals. The court said the order is an interim one as the Paryushan festival concludes Saturday.

‘Lord Jagannath forgave, your gods will forgive us too’

Counsel for the Maharashtra government, senior advocate Abhishek Manu Singhvi, pointed at the “exponential growth” in Covid-19 cases.

Since Eid al-Adha, he said, the Maharashtra government has regulated religious ceremonies and will continue to do so during the state’s biggest festival — Ganesh Chaturthi — that will begin Saturday.

Singhvi argued that a court order allowing Paryushan prayers on the eve of the first day of Ganesh Chaturthi festival will be discriminatory and also open the floodgates for others to seek similar relief.

“We are not against any religion. It is a state matter and we should be allowed to take a decision,” Singhvi said.

CJI Bobde, however, reminded Singhvi of the criticism the court had faced when it allowed the Jagannath Rath Yatra in Puri, Odisha.

“This is exactly the criticism and the choice we had with the Rath Yatra. We were faced with the difficult choice even there. But we believed that if distance can be maintained, merely pulling the rath will not be damaging. And as of yet, nothing wrong has been done,” said the CJI.

He also said a “blanket prohibition” cannot be made. The bench went on to reassert that its order will not have a bearing to any other temple or trust, specifically the Ganesh Chaturthi celebrations.

The court later said, “Lord Jagannath forgave us, your gods will forgive you too.”

‘Paryushan is the most important religious ritual for Jains’

While assailing the Bombay High Court order, the trust claimed before the top court that Paryushan is the most important religious ritual followed annually by the Jain community.

Directing closure of religious places is unreasonable, arbitrary and biased, the trust stated in its petition.

Though the high court had refused to grant permission to offer prayers, it had fixed 7 September to hear the matter on the larger issue of whether temples can be shut even as the unlock process has begun across the country.

The top court Friday said the high court will continue to hear the matter and decide on the issue raised before it by the petitioner.

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