Mumbai: The Bombay High Court on Friday directed the Secretary of the Cultural Affairs Ministry, Government of Maharashtra, to decide, preferably within the day, a representation seeking permission to hold Bakri Eid namaaz at Mumbai’s historic August Kranti Maidan.
A vacation bench of Justices Neela Gokhale and Manjusha Deshpande was hearing a petition filed by Umer Abdul Jabbar Gopalani, who challenged the Gamdevi police’s refusal to grant permission for mass prayers at the ground, citing potential law and order and possible traffic congestion issues.
Gopalani contended that namaaz has been performed at the Maidan for over 50 years without any incidents and that this year should be no different. “If the permission is granted to the petitioner, the petitioner will take all necessary precautions to avoid law and order situations,” the plea stated.
The petitioner also pointed out that the fire and traffic departments had granted NOC. Whereas, the Brihanmumbai Municipal Corporation (BMC) asked to get NOC from the directorate of archaeology and museum; and thereafter it said it will consider the application.
Public Prosecutor Hiten Venegaonkar clarified that both agencies had only issued conditional clearances. He also said that the police’s decision was based partly on the refusal of permission in 2024. However, the petitioner argued that no valid reason had been provided in last year’s refusal and that precedent alone could not justify rejection in 2025.
Referring to a 2006 High Court order, the court observed that the final authority for granting permission lies with the Secretary of the Cultural Affairs and Social Justice Department, since August Kranti Maidan is a protected monument. Accordingly, the court allowed the petitioner to amend his plea and include the concerned department.
The bench directed the competent authority to “decide the petitioner’s representation expeditiously, and preferably today itself.”
The plea also invoked Section 37(A) of the Maharashtra Regional and Town Planning Act, 1966, which permits the use of reserved grounds for religious and public events for up to 45 days a year under government-set terms.
