The Allahabad High Court held that the State must ensure all communities can pray peacefully at places of worship or private property without prior approval, while criticizing local authorities in Sambhal for restricting Muslim worshippers at a mosque.
PRAYAGRAJ: The Allahabad High Court recently stated that the State is obligated to ensure that all communities can conduct prayers peacefully at designated places of worship or on private property without needing official approval.
A Division Bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan expressed strong disapproval of the local administration’s decision to restrict the number of Muslim nazamis at a mosque in Sambhal.
The Court highlighted that it is the State’s responsibility to maintain the rule of law in all circumstances.
The Bench remarked,
“It is duty of the State to ensure that every community is able to offer worship peacefully in the designated place of worship and if it is a private property as already been held by the Court earlier, to perform worship without any permission from the State. This Court has already settled that it is only where prayers or religious functions have to be held on public land or spill over the public property that the involvement of the State is essential and permission must be sought,”
The Court was examining a petition alleging that State authorities were preventing Muslims from attending prayers at a mosque (Gata No. 291) during the ongoing Ramzan.
However, the Court noted that the petitioner did not provide photographs of the mosque. This observation was made in light of the State’s claim that there is a dispute over the ownership of the location where the mosque is said to be located.
Despite this, the State admitted that only 20 worshippers were permitted due to a “perceived law and order situation.”
The Court categorically dismissed this rationale, asserting that State officials should resign if they are unable to maintain law and order.
The Bench stated,
“If the local authorities i.e. Superintendent of Police and Collector feels that the law and order situation could arise because of which they want to limit the number of worshipers within the premises, they should either resign from their post or seek transfer outside Sambhal if they feel they are not competent enough to enforce the rule of law,”
The matter will be reviewed again on March 16. The State has been asked to respond to the petition, while the petitioner is required to submit photographs and revenue records indicating where the namaz should be held. Advocate Wahaj Ahmad Siddiqui represented the petitioner.
Case Title: Munazir Khan v State of UP
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE