Can't restrict number of namazis in mosque; resign if you cannot ensure law and order: Allahabad HC to Sambhal authorities

The Allahabad High Court recently said the State is duty-bound to ensure that every community is able to hold prayers peacefully at a designated place of worship or on a private property without requiring official permission.

A Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan took a stern view of the local administration’s decision to limit the number of Muslim nazamis at a mosque in Sambhal.

The Court emphasized that it is the State’s duty to ensure that the rule of law prevails under every circumstance.

“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 Bench said.

The Court was hearing a petition stating that the 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 had failed to submit photographs of the mosque. The Court made the observation in view of the State’s submissions that there was a dispute with regard to the ownership of the place where the mosque is stated to be situated.

However, the State also conceded that permission was granted only for 20 worshippers on account of the “perceived law and order situation”.

The Court outrightly rejected the contention and said the State officials should resign if they cannot uphold law and order.

“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 out side Sambhal if they feel they are not competent enough to enforce the rule of law,” the Bench said.

The Court will hear the matter next on March 16.

While the State has been asked to respond to the plea, the petitioner is to bring on record photographs and revenue records to show where the namaz is to be offered.

Advocate Wahaj Ahmad Siddiqui appeared for the petitioner.

[Read Order]