The Bombay High Court on Friday directed the Maharashtra Government’s Cultural Affairs Ministry to decide, preferably on the same day, a representation seeking permission to perform Namaaz at Mumbai’s August Kranti Maidan, reported the Livelaw.
A vacation bench comprising Justices Dr. Neela Gokhale and Manjusha Deshpande was hearing a petition filed by Umer Abdul Jabbar Gopalani. The petitioner had challenged a decision by Gamdevi Police Station denying permission for holding mass Namaaz at the historic ground, citing possible traffic disruptions and law and order concerns.
Gopalani, however, argued that the community had been offering prayers at the location for nearly five decades without any incident. He emphasized that both the city’s Traffic Police and the Brihanmumbai Municipal Corporation (BMC) had given conditional clearances, not outright refusals.
In response, Chief Public Prosecutor Hiten Venegavkar clarified that the Traffic Department and BMC had only indicated provisional approval, pending fulfillment of certain conditions.
Justice Gokhale referred to a 2006 Bombay High Court ruling which states that only the Secretary of the Cultural Affairs and Social Justice Ministry has the authority to grant permission for activities at August Kranti Maidan, as it is a protected monument.
Given this, the court allowed the petitioner to amend his plea to include the competent authority and directed the Secretary of Cultural Affairs to make a decision on the representation without delay, preferably on the same day.
The bench disposed of the petition with these directions.
