Court says prayer cannot be offered ‘anywhere’, refuses relief to taxi and auto drivers who sought restoration of a demolished prayer shed near the airport
MUMBAI – The Bombay High Court has refused to allow Muslim taxi and auto-rickshaw drivers to offer namaz near Mumbai’s international airport during the holy month of Ramadan, rejecting a plea that sought permission to restore a prayer space that had earlier been removed by authorities.
The petition was filed by the Taxi-Rickshaw Ola-Uber Men’s Union, representing drivers who work around Chhatrapati Shivaji Maharaj International Airport. The drivers had requested the court to permit them to offer prayers at a location near the airport where an informal temporary shed once existed and was used by Muslim drivers during Ramadan.
According to the petitioners, the structure was demolished last year by authorities, leaving many drivers without a nearby place to pray while working long shifts at the airport.
However, the high court declined to grant relief.
The matter was heard by a bench comprising Justice B P Colabawalla and Justice Firdosh Pooniwalla on Thursday.
The judges said that although Ramadan is an important period for Muslims, security around the airport could not be compromised.
The bench said, “Ramadan is an important part of Islam, but that does not mean a person can claim the right to offer prayers at any place, especially in a sensitive zone like an airport.”
The court repeatedly raised concerns about the security of the airport, saying such locations require strict control.
The judges added, “Security cannot be compromised. Whether it is religion or anything else, safety must come first.”
The court further stated that the airport is used by people of all religions and backgrounds, and therefore, rules relating to security must apply equally to everyone.
In the petition, the union said Muslim drivers working around the airport had been using a temporary shed close to the premises for daily prayers, particularly during Ramadan.
Drivers said the facility was not a permanent structure but a small shelter where they could briefly offer namaz between work shifts.
After the structure was removed, the petitioners approached the court requesting that they be allowed to use the same place again, or be provided with another nearby area for prayers.
The union told the court that Ramadan is a sacred month for Muslims when believers fast from dawn to sunset and spend time in prayer and charity.
A representative of the drivers said many workers remain in the airport area for long hours and cannot easily travel far to attend prayers.
One union member said, “Most of us work throughout the day and night. Earlier, we had a small place to pray. After it was removed, many drivers struggled to find a suitable space, especially during Ramadan.”
During an earlier hearing, the high court had directed the police and airport authorities to examine whether any alternative location could be provided.
Officials later submitted a report stating that seven locations were surveyed.
However, authorities said none of them was suitable due to crowding, security concerns and ongoing airport development plans.
After reviewing the report, the court said it could not order the authorities to create or allow a prayer space close to the airport.
The judges said the petitioners would have to find another location to offer their prayers.
The bench also noted that a madrasa located about one kilometre from the airport could be used for prayers.
The judges said, “There is a madrasa nearby where prayers can be offered.”
They also made it clear that no structure could be built near the airport for prayer purposes.
The bench observed, “There is no question of allowing any structure near the airport. This could create serious security concerns.”
The court also remarked that similar arrangements are generally not permitted near major airports around the world.
While rejecting the plea, the judges said that the right to pray does not mean that a person can demand a specific location.
The bench explained that public spaces cannot automatically become prayer locations simply because someone wishes to pray there.
The judges said, “Nobody is stopping you from offering namaz five times a day, but it cannot be anywhere you choose.”
To explain the point, the court gave an example, stating that no one could insist on offering prayers in the middle of a public ground or another busy public place.
The bench also urged the petitioners to consider the broader security situation around the airport.
Although the plea was dismissed, the court said the issue could be raised again in the future.
The judges noted that Terminal 1 of the airport is expected to undergo redevelopment, and during that process, the drivers could submit a fresh request to the airport authorities.
The bench said the services provided by taxi and auto drivers to airport passengers are important, and their concerns could be considered when redevelopment plans are prepared.
The court observed, “These drivers serve passengers travelling through the airport. During redevelopment, they may approach the airport administration and seek consideration for a prayer facility.”
Members of the drivers’ union said the issue affects a large number of Muslim workers who spend most of their working hours around the airport.
Some drivers said they hoped authorities would consider creating a small prayer space in the future so that Muslim workers can offer namaz without difficulty.
One driver said, “We respect the law and the court’s decision. But many Muslim drivers work long shifts here. A small place for prayer would help workers observe their faith without leaving their workplace.”
For now, however, the high court’s order means that the drivers will have to look for other nearby locations to offer their prayers during Ramadan.
