Justice B P Colabwalla was hearing a petition filed byresidents living near the Konkani Muslim Kabrastan in suburbanBandra seeking the court to restrict burial of bodies ofCOVID-19 patients.
The petition, filed by resident Pradeep Gandhy andothers, claimed that locals were afraid of community spread ofthe virus if the burial is not done properly.
Advocate Pratap Nimbalkar, appearing for the Kabrastantrustees, on Monday opposed the plea and argued that duediligence was being carried out before disposing of thebodies, and that the petitioners had not placed any scientificreasoning to show the virus spreads through dead bodies.
Nimbalkar pointed out a notification, dated March 15issued by the Union Ministry of Health and Family Affairs onguidelines on COVID-19 dead body management, which stated thattransmission of COVID-19 is through droplets.
"The notification says there is unlikely to be anincreased risk of COVID-19 infection from a dead body toanyone if standard precautions are followed while disposal,"Nimbalkar argued.
The court accepted the arguments and noted that thepetitioners have not submitted any material to show or provethat burial of a body infected with COVID-19 would put at riskresidents living in the vicinity.
The court also directed the BMC to to remove, with thehelp of local police, the three locks put up on the gates ofthe cemetery ground by local residents.
The locks were put up on April 13 after they held aprotest against burial of a dead body at the cemetery ground. SPBNM BNM