SC refuses to entertain plea seeking stay on burial of COVID-19 victims in Mumbai cemeteries

The Supreme Court on Monday refused to entertain a plea seeking a stay on the burial of COVID-19 victims at three cemeteries in Mumbai's densely populated Bandra West area and referred the matter back to the Bombay High Court.

A two-judge bench of Justice Rohinton F Nariman and Justice Indira Banerjee referred the matter to the Bombay High Court saying that the High Court had decided the matter at the interim stage and directed it to decide the pending petition in two weeks.

Fearing the spread of coronavirus, petitioner Pradeep Gandhy had approached the top court challenging a Bombay High Court order dated April 27 which dismissed his plea against the permission given by BMC for burying the bodies of COVID-19 victims at Bandra West cemeteries.

Gandhy, in his petition, said that the present unprecedented health situation should take precedence over the right to religion of the family members of COVID-19 victims.

He said that his house is near Konk Muslim Kabristan and contended that local residents were afraid of community spread of COVID-19.

The petition said that if the burial of COVID-19 victims is allowed at the three cemeteries, which are situated in densely populated areas, it will result in the spread of the virus through the soil and underground water contamination and gravely affect the health of the neighbouring residents.

"There are approximately 3,00,000 residents in Bandra (W) region who live in the vicinity of the three cemeteries, making it a densely populated one," the plea said. It added that the "burial ought to be carried out at cemeteries which are not located in densely populates areas, till such time the effect of COVID-19 on soil, etc has not been scientifically assessed and found to be safe".

( With inputs from ANI )