Allahabad High Court issues contempt notice to Collector, SSP for restraining namaz on private property

The Allahabad High Court has issued a notice under the Contempt of Courts Act to the District Magistrate and Senior Superintendent of Police of Bareilly for restraining certain persons from offering namaz at a private property in Mohammad Ganj village [Tarik Khan v State of UP & 2 Others]

Last month, the Bench had ruled that no permission was needed for holding a religious prayer meeting in a private property in Uttar Pradesh. However, a resident of Mohammad Ganj village accused the authorities of failure to comply with the verdict.

The Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan asked the State counsel to seek instructions on the plea seeking directions to prevent authorities from interfering with the prayers at the premises.

"Issue notice to respondents no.2 and 3 under Contempt of Courts Act, 1971 for flouting this Court's order dated 27.01.2026 passed in Maranatha Full Gospel Ministries vs. State of U.P. and 2 others : 2026:AHC:18364-DB," the Court further ordered.

It ordered that the case be listed on March 11 as fresh in top ten cases. Further, the Court also stayed any action against the petitioner.

"Till the next date of listing, coercive proceedings against the petitioner shall remain stayed," the Bench directed.

The Court had delivered a seminal ruling on the right to pray inside private premises last month after taking into account Uttar Pradesh government's submission that no requirement of seeking permission exists in law.

The Court ruled that no permission was required under the law to pursue an act which is part of the fundamental right under Article 25 of the Constitution of India. However, it also clarified that the same is subject to the fact that religious prayer meeting is carried out only within the private premises of the property.

The judgment was passed on January 27 while dealing with two similar petitions moved by Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust.

It was submitted that they wanted to have a religious congregation within their premises but the State failed to act on their representations seeking permission for it.

Considering the submissions, the Court disposed of their petitions with the observation that the petitioners have a right to conduct the prayer as per convenience in his their private premises without any permission from the State government.

Last month, the authorities in Bareilly had taken taking action against a group of Muslims for offering prayers on the rooftop of a private house in January

Following the verdict in Maranatha Full Gospel Ministries case, the residents approached the authorities again for permission to allow them hold prayers inside the property, especially during the upcoming month of Ramadan.

However, the authorities allegedly failed to take any action on the representation. A local resident then moved the Court, alleging non-compliance with the January 27 ruling.

Advocate Rajesh Kumar Gautam appeared for the petitioner.

[Read Order]