The Allahabad High Court ruled that public land cannot be claimed, occupied or used by any individual or group for exclusive religious purposes. The court said such spaces must remain open for all citizens to ensure equality and prevent misuse.
Allahabad High Court held that public land cannot be claimed or used by any individual or group for exclusive religious purposes.
The Division Bench of Justice Saral Srivastava and Justice Garima Prasad observed that such activities including offering Namaz must remain consistent with public order and respect the rights of others.
The remarks were made while dismissing a petition filed by Asin, a resident of Ikauna under Gunnaur Tehsil in Sambhal district, who sought legal relief related to the use of land for offering Namaz.
Also Read: “Religious Conversion Open to All, But Requires Proof to be Voluntary”: Allahabad HC
The Court clarified that,
“public land cannot be unilaterally used by any single party for religious purposes,”
The court added that all individuals have equal rights over such property, meaning exclusive use is not legally permissible.
Reiterating the wider legal principle, the Bench stated that the right to practice religion is subject to public order and cannot be exercised in a manner that interferes with others’ rights.
It further noted that religious freedom is not absolute, and must operate within the limits set by the rights of others.
Referring to earlier rulings, including Munazir Khan vs State of Uttar Pradesh and Others, the Court explained that genuinely bona fide religious practices carried out within private premises are protected and cannot be targeted through arbitrary interference.
However, the Court emphasized that such protection does not amount to an “absolute carte blanche” for organized or regular collective religious activities.
The Bench further observed that when religious activities move beyond private boundaries and start affecting the public domain, state regulation becomes permissible.
It held,
“It cannot be interpreted that there is an unrestricted right to convert private premises into unregulated collective spaces for regular gatherings.”
Court flags limits on Namaz gatherings while reviewing the case, the Court noted that the petitioner was not trying to continue an existing long-standing tradition, but instead aimed to start regular collective gatherings, involving participants from within and outside the village.
Also Read: BREAKING||SC Grants Bail in Religious Conversion Case
The Court observed that historically, Namaz at the location had been offered only on specific occasions such as Eid, and that any expansion beyond this limited practice would fall outside protected activity and could therefore be regulated.
The Court also stated that even if the land were treated as private property, the petitioner would still not be entitled to the relief sought.
It further clarified that if public land is illegally transferred and later used to justify demands for organized Namaz gatherings, the sale deed would be considered illegal and unsustainable in law.