The Allahabad High Court recently directed authorities in Budaun not to interfere with prayers being offered in a mosque located inside a private property [Alisher And Another v State of UP and 3 Others]

The Division Bench of Justice Shekhar B Saraf and Justice Vivek Saran agreed with a view taken recently by a co-ordinate bench that there was no prohibition in law against conducting a religious prayer meeting in private premises.

“Upon perusal of the said judgment, we are in consensus ad idem with the view taken by the coordinate Bench and, accordingly, direct the respondent-authorities not to interfere in any manner with regard to the prayers being offered within the premises of the petitioners,” the Bench said.

The order was passed on a plea seeking directions to restrain authorities from causing any interference or obstruction in the peaceful offering of namaz by a petitioner, his family members and other members of the Muslim community in the mosque namely Waqf Masjid Raza existing over a portion of his property.

The Counsel representing the petitioners earlier cited the judgment delivered by a Bench led by Justice Atul Sreedharan on January 27 in the case of  Maranatha Full Gospel Ministries vs. State of U.P. and others. 

The Court in the present case granted relief to the petitioner on the basis of the January ruling and also clarified that if any law and order situation arises on the public road or public property, the police may take adequate action in accordance with law.

Advocates Akash Gupta and Arpit Agarwal represented the petitioners.

[Read Order]