The Allahabad High Court has questioned the UP government on the legal authority to seal a mosque without prior notice or hearing. The Court has asked whether such action violates due process and under what law a place of worship can be sealed.
The Allahabad High Court has recently raised important legal questions regarding the sealing of a mosque in Uttar Pradesh, especially on the issue of whether such action can be taken without giving prior notice or an opportunity of hearing to the concerned person.
The matter came before the High Court through a writ petition filed by Ahsan Ali, who claimed that he is the lawful owner of a plot of land in Muzaffarnagar. According to the petition, the land was purchased through a registered sale deed dated September 20, 2019, from Praveen Kumar Jain.
After purchasing the land, Ali started construction of a mosque on the said property. However, during the construction process, the authorities sealed the premises. The authorities reportedly stated that the construction was illegal and that no prior approval had been taken for the construction.
Ali’s counsel, Jagdish Prasad Mishra, argued before the Court that the action of the authorities was illegal because it was taken without issuing any notice and without giving the petitioner an opportunity to be heard. It was argued that sealing the property without following due process of law is a violation of legal rights.
The case was heard by a Division Bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan. In its order dated March 18, the Court raised specific legal questions and asked the State government to clarify the legal position.
The Court particularly questioned whether the authorities have any legal power to seal a place of worship that is under construction without following the principles of natural justice.
The Bench asked,
“Whether there exists any authority under law to seal a place of worship under construction without issuance of prior notice or affording an opportunity of hearing to the petitioner.”
The Court also asked the State government to clarify the legal basis for such action and directed it to explain
“as to under what authority of law the State can seal a place of worship.”
The Court also raised another important issue regarding whether prior permission is required for construction related to a place of worship.
The judges noted the submission of the petitioner that the property was legally owned and that construction was ongoing when the authorities suddenly intervened and sealed the premises. The Court recorded the grievance that the sealing was done without following proper legal procedure and without giving notice or hearing.
After hearing the matter, the Court framed three specific questions for the State to answer. These include the legal authority that allows sealing of a place of worship, whether any law requires prior permission for construction of a place of worship, and whether sealing can be done without giving notice or an opportunity of hearing.
The Court has directed the State to file “specific instructions, supported by an affidavit,” clearly answering all the questions raised by the Court. The case is titled Ahsan Ali v State of UP and 2 Others. The matter was earlier scheduled for hearing on March 24, but due to a roster change, the case was listed before another Bench and could not be taken up on that date.
The case is still pending before the Allahabad High Court, and the Court is now waiting for the State government’s response to the legal questions raised in the case.
This case is important because it deals with key legal issues such as the power of authorities to seal properties, the requirement of prior permission for construction of religious places, and the importance of following due process of law before taking any strict action like sealing a property.
The High Court’s final decision in this matter may clarify the legal position on these important issues and may have wider impact on similar cases in the future.
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