Security considerations take precedence over religion, the Bombay High Court (HC) said on Thursday while refusing relief to taxi and autorickshaw drivers who sought permission to offer namaz at a temporary shed near the city airport during Ramzan, news agency PTI reported.
A bench of Justices BP Colabawalla and Firdosh Pooniwalla observed that while Ramzan is an integral part of Islam, followers cannot claim a religious right to offer namaz (prayers) at any place, particularly near an airport where security concerns are significant.
The court was hearing a petition filed by the Taxi-Rickshaw Ola-Uber Men`s Union, which stated that a temporary shed near the Chhatrapati Shivaji Maharaj International Airport — where drivers earlier offered prayers — had been demolished by authorities last year, PTI reported.
The petition requested that they either be allowed to use the same space or be allotted another site in the same area to offer namaz.
The Muslim community is currently observing the holy month of Ramzan, which involves daily fasting from dawn to sunset, prayers, increased charity, and spiritual reflection.
Last week, the court had directed the police and airport authorities to examine whether an alternative space could be allotted.
On Thursday, the authorities submitted a report stating that seven other locations had been surveyed, but none were found suitable due to congestion, security concerns, and constraints related to the airport development plan.
After reviewing the report, the court said it could not grant any relief to the petitioners since the issue concerns airport security.
Malegaon namaz row: FIR filed a day after prayers were offered inside civic office
A political controversy erupted in Maharashtra last month after a video showing namaz being offered inside the electricity department office of the Malegaon Municipal Corporation went viral, prompting the police to register a first information report (FIR) against several individuals.
The incident occurred during a protest by residents over alleged unresolved electricity supply issues in one of Malegaon’s wards. The demonstration was led by Lukman Kamal, president of the Malegaon Lok Sangharsh Samiti. As the protest coincided with the Asr prayer during the holy month of Ramadan, some protesters offered namaz in congregation inside the municipal office premises.
The video of the prayers circulated widely on social media, triggering debate over the appropriateness of conducting religious observances inside a government office.
Following the controversy, Malegaon Police registered an FIR against two named individuals — Lukman and Salim Ikka — and four to five unidentified persons. The case has been filed under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including sections related to unlawful assembly and obstruction or assault of a public servant, along with provisions of the Maharashtra Police Act concerning illegal assembly and disruption of official duties.
Bharatiya Janata Party (BJP) leader Kirit Somaiya wrote to Maharashtra Chief Minister Devendra Fadnavis seeking strict action. He said offering namaz inside a government office was unacceptable and called for an FIR and disciplinary action against those responsible.
“Namaz cannot be offered inside government offices. Whoever is responsible should face strict action. The police should also register an FIR,” he said.
(With PTI inputs)
