The Gauhati High Court has declined to issue a notice on a Public Interest Litigation (PIL) that sought the establishment of a separate prayer room for the Muslim community at the Lokpriya Gopinath Bordoloi International Airport in Guwahati. The bench, comprising Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund, posed questions to the petitioner regarding the constitutional basis for such a demand.
The court inquired,
“Where does Article 25 give right to any citizen to enforce or seek a writ that in every public institution, there should be a prayer room? Please tell us or at least give one judgment on that. The fact that the Government has constructed such a prayer room in a particular airport or few airports, would that give a right to every citizen to claim that a prayer room should be constructed in all public establishments? Why only airports then? Why not every public institution? Is it a fundamental right? You have places of worship, go there and worship.”
Further, the bench questioned the specificity of the request, asking,
“What is the fundamental right in this regard? Our Country is a secular country? Why prayer room for a particular community? PIL can be filed for enforcing a fundamental right.”
The petitioner argued that airports have designated areas like smoking zones and spas, and even have regulations for the establishment of restaurants. He contended that having a separate prayer room would be protected under Articles 25 and 30 of the Constitution. In response, the bench highlighted that smoking zones are established to prevent public harm, and restaurants are opened for the commercial viability of the airports, stating,
“Those are commercial activities. They will do. But prayer is not a commercial activity.”
The petitioner further pointed out that many flights are scheduled around the prayer timings of Muslims, making prayer rooms a necessity. To this, Chief Justice Mehta responded,
“That is your choice.”
After observing that the petitioner seemed unprepared, the court granted him 15 days to prepare and present arguments regarding the reliefs sought in the PIL.
The case, titled Rana Saidur Zaman v. Union of India & 5 Ors., with the citation PIL/64/2023, continues to be under deliberation.
