IndiaJustice A A Sayed on April 3 refused to grant reliefto a petition seeking stay of the circular issued by theBrihanmumbai Municipal Corporation (BMC) on March 30.
Mumbai resident Riyaz Ahmed Mohammed Ayub Khanapproached the high court challenging the circular, claimingthat it prohibited burial of bodies of minority communitypersons who died of coronavirus disease.
"Prima facie, it appears from the circular that itdoes not prevent the burial of the body of any minoritycommunity person afflicted with COVID-19 as sought to besuggested by the petition, the court said in its order.
"There is no instance mentioned in the petition thatthe body of any minority community person afflicted withCOVID-19 has been cremated instead of being buried," it said.Hence, no case of grant of interim relief is made out, thecourt added.
On March 30, the BMC issued a circular saying bodiesof those who succumbed to COVID-19 would be cremated and ifsuch a body was to be buried, then to move it out of the city.
As per the circular issued by BMC Commissioner PraveenPardeshi, all bodies of COVID-19 patients should be crematedat the nearest crematorium irrespective of religion to avoidchances of transmission, and burial should not be allowed.
However, if someone insists on burial then the sameshall be permitted only if the body is taken out of Mumbai,the circular had said.
The circular was, however, withdrawn within hoursfollowing uproar and a revised circular was issued.
In the revised circular, the BMC allowed burial ofbodies within Mumbai provided the burial ground was largeenough to ensure there is no threat of transmission toresidents of the area.
Khan challenged the revised circular, claiming thatthe civic body was not allowing burial of bodies of thosepatients who died due to coronavirus.
The court refused to grant interim relief and postedthe plea for further hearing on April 24. SPGK GK