The Bombay High Court refused relief to taxi and auto-rickshaw drivers seeking space to offer namaz near Mumbai airport, stating that security concerns override religious demands and prayers cannot be offered anywhere, especially in sensitive areas like airports
Published Date – 5 March 2026, 08:26 PM
mumbai: Security overrides religion, the Bombay High Court said on Thursday while refusing any relief to taxi and auto-rickshaw drivers seeking to offer namaz at the site of a now-demolished temporary shed near the city airport during Ramzan.
A bench of Justices B P Colabawalla and Firdosh Pooniwalla noted that while Ramzan is an integral part of Islam, its adherents cannot claim a religious right to offer namaz (prayers) at any place during the holy month, especially near an airport where security concerns are high.
Repeatedly stressing airport security, the HC said it will not throw caution to the wind.
The court was hearing a petition filed by the Taxi-Rickshaw Ola-Uber Men’s Union claiming that a temporary shed near the Chhatrapati Shivaji Maharaj International Airport (CSMIA), where they used to offer prayers, was demolished by authorities last year.
The plea sought permission to use the same space or be allotted another site in the same area where they could offer namaz.
Muslims are currently observing Ramzan, a period involving daily fasting from dawn to sunset, prayers, increased charity and spiritual reflection.
Last week, the court directed the police and airport authorities to consider if any other space could be allotted to the petitioners.
On Thursday, the authorities submitted a report stating that seven other sites were surveyed, but none were found suitable to be allotted to the petitioners to offer prayers due to congestion, security concerns and airport development plan constraints.
The court, after perusing the report, observed that it cannot grant any relief to the petitioners as the issue pertains to the security of the airport.
The court maintained that the petitioners will have to find some other place and noted that there was a madrassa within 1 kilometre of the spot where they can offer prayers.
The petitioners cannot have a prayer area in the vicinity of the airport as safety issues are involved, the HC emphasised.
“There is no question of getting a structure near the airport to offer prayers. Religion or otherwise, security comes first. Everybody travels through this airport irrespective of their religion,” the court noted.
When it comes to security, there cannot be any compromise, the bench stressed.
“We have never seen anything like this anywhere in the world. You cannot have something like this near the airport,” the court further observed.
The bench added that the petitioners cannot claim as a right that they will offer prayers at the same spot.
“You (petitioners) cannot decide the place. Tomorrow you will say you want to stand in the middle of Oval Maidan and offer prayers. That is not possible,” it said.
The bench insisted that while it understands Ramzan is an integral part of the petitioners’ religion, offering prayers at any place is not a religious right.
“No one is stopping you from offering prayers five times a day, but it cannot be anywhere. Security concerns are serious,” the HC stated.
The court urged the petitioners to look at the larger good and the bigger picture.
“We will not throw caution to the wind when it comes to security,” the HC maintained.
The bench said that while it cannot grant any relief now, the petitioners can think of submitting a representation to the airport authorities to consider allotting a space in the future when Terminal 1 is redeveloped.
“Maybe in the future when the airport terminal is redeveloped, then a space can be allotted so that this problem does not persist. Because we need to understand that the petitioners (auto and taxi drivers) provide service to passengers coming and going out of Mumbai,” it said.
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