The Supreme Court (SC) on Monday refused to interfere with the April 27 order of the Bombay high court (HC) directing the Brihanmumbai Municipal Corporation (BMC) to remove locks put by some locals on the gates of three connected cemeteries at Bandra (West) and to make the grounds available for burial of Covid-19 victims.
The Apex court bench comprising Justice Rohinton Fali Nariman and Justice Indira Banerjee instead disposed of the special leave petition filed by local residents on whose petition the April 27 order was passed by the HC, and directed the HC to decide on their petition in 12 weeks.
Justice BP Colabawalla of the Bombay high court had on April 27 refused to interfere with the April 9 order of the BMC, identifying the three private Muslim cemeteries as sites for burial of Covid-19 patients.
The directive came after advocate Pratap Nimbalkar, who represented the Navpada Masjid and the Santacruz Golibar Dargah Trust, which manage the private Muslim cemeteries, had pointed out that some residents had put locks on the gates of the cemeteries.
Nimbalkar had pointed out that on April 13, some locals created a ruckus when the body of a 63-year-old Muslim person who died from the Covid-19 infection, was brought for burial at the ground. Some senior police officers tried to intervene but failed to pacify the locals and eventually the body was buried elsewhere.
{{/usCountry}}Nimbalkar had pointed out that on April 13, some locals created a ruckus when the body of a 63-year-old Muslim person who died from the Covid-19 infection, was brought for burial at the ground. Some senior police officers tried to intervene but failed to pacify the locals and eventually the body was buried elsewhere.
{{/usCountry}}Nimbalkar added that the trust had taken all precautions and identified isolated spots for the burial of Covid-19 patients, but despite that, the locals were not allowing burial at the site. It, therefore, urged the court to direct the BMC to reopen the burial ground.
Justice Colabawalla accordingly directed the civic body to reopen the cemetery and granted it liberty to take the help of local police, if necessary.
The four petitioners who petitioned the SC said that the Muslim cemeteries are at the heart of Bandra (West) and are surrounded by thickly-populated residential areas.
The petitioners said that on March 30, the BMC had decided to cremate bodies all Covid-19 patients at the nearest crematorium, irrespective of their religion. “They said the decision was taken as the burial grounds in Mumbai are in densely-populated localities with high chances of contamination,” said their petition.
They added that the order dated April 9 was contrary to the March 30 decision and therefore, prayed for the SC to direct the civic body to prevent the burial of Covid-19 victims at the three Muslim cemeteries.
They had moved the special court after the HC refused to stop the burial of Covid-19 victims at the cemeteries.
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