The Bombay High Court on Friday directed a municipal councillor and a social worker, who had challenged a resolution passed by the Brihanmumbai Municipal Corporation (BMC) making suryanamaskar mandatory in civic schools, to approach the State government first.
Samajwadi Party councillor from Mumbai Central, Rais Shaikh, and social worker Masood Ansari had filed public interest litigations earlier this month seeking a stay on the resolution passed by the civic body on August 23, contending that it violates fundamental rights and is “malafide and bad in law.”
A Division Bench of Chief Justice Manjula Chellur and Justice M.S. Sonak directed both the petitioners to make a representation to the State government first.
The court said under provisions of the Bombay Municipal Corporation Act, the State government has powers to set aside decisions and resolutions passed by the civic body.
The High Court directed the government to take a decision on the representation within two weeks from when it will be filed. The court said the petitioners should first exhaust this remedy and, if required, approach the court and dispose of the PILs.
Rais Shaikh, in his petition, said suryanamaskar was opposed to the fundamental concept of Islam and so was in violation of the fundamental religious rights of students in Urdu-medium schools run by the BMC.
Mr. Shaikh said of the 1,285 schools civic-run schools in which suryanamaskar has been made mandatory along with morning prayers, 400 are Urdu-medium with a strength of about one lakh students, a majority of them being Muslims.
Earlier this month, the High Court declined to grant an interim stay, saying it is just a form of exercise which is good for the body.
Mr. Ansari’s counsel had argued that minor students cannot be expected to perform suryanamaskar daily, which a combination of 12asanas.
To this, the court said it would consider the argument at a later stage and would call for a report to ascertain if the exercise can be performed by minors. — PTI
