Namaz on private property: Allahabad High Court orders protection for Muslim man threatened with bulldozer action

The Allahabad High Court on Wednesday ordered deployment of two security guards for the protection of one Haseen Khan, who claimed that he and others were restrained from offering namaz at his private property in Mohammad Ganj village [Tarik Khan v State of UP & 2 Others]

The Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan also recorded the Khan's statement that police had forced him to put his thumb impression on a paper without telling him about its contents.

Khan had also alleged that some people told him that his property would be demolished if he did not speak before the Court as per their instructions.

The Court then issued clear instructions for Khan's protection.

"Hassen Khan has appeared before this Court and stated that his family and property may be protected. This Court directs that two armed guards 24/7 shall protect Haseen Khan till this Court decides otherwise. The said guards shall accompany him wherever he goes. Any incident of violence that afflicts Hassen Khan's person or his property shall be prima facie understood to have at the instance of the State, which of course is open to rebuttal," the Bench ordered.

The matter is now listed for passing of final orders on March 23.

In January 27, the High Court had in another case of Maranatha Full Gospel Ministries ruled that no State permission was needed for holding a religious prayer meeting in a private property in Uttar Pradesh. .

Despite that verdict, the authorities in Bareilly recently took action against a group of Muslims for offering prayers on the rooftop of a private house. The residents then approached the authorities for permission to allow them hold prayers inside the property, especially during the month of Ramadan.

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

The Court initially issued a notice under the Contempt of Courts Act to the District Magistrate (DM) and Senior Superintendent of Police (SSP) of Bareilly 

On March 11, the Court directed DM Avinash Singh and SSP Anurag Arya to remain present before the Court on the next date of hearing.

"Both the contemnors shall remain present in person before this Court on the next date of hearing failing which this Court shall secure the presence through non-bailable warrant," the Court said.

The next hearing is slated for March 23.

Advocate Rajesh Kumar Gautam appeared for the petitioner.

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

It held 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.

[Read Order]