The Allahabad High Court recently struck down an order issued by the Uttar Pradesh government that limited the number of people allowed to pray at a mosque in Sambhal district on law and order grounds, reports ANI.
He stated that Superintendents of Police and District Collectors should either resign or seek transfer if they feel they are unable to maintain the rule of law.
What did the court say?
“It is the duty of the state to ensure that the rule of law prevails at all times. If the local authorities i.e. Superintendent of Police and Collector feel that a law and order situation may arise due to which they want to restrict the number of worshipers in the premises, they should either resign from their post or seek transfer outside Sambhal,” the court said after hearing the parties’ counsel.
A bench of Justices Atul Sreedharan and Siddharth Nandan observed that it is the responsibility of the state to ensure that members of every community can offer prayers peacefully at their designated places of worship. The bench further said that if the place in question is a private property, as the court had earlier held, religious services can be held there without prior permission from the state.
The court was hearing an application filed by Munazir Khan of Sambhal, who alleged that he was stopped from offering prayers during Ramzan at Gata No. 291, where he said a mosque is located.
“This court has already held that only where prayers or religious ceremonies have to be held on public land or spill over public property is state involvement necessary and permission sought,” the court said in its February 27 order.
The State Government contested the petitioner’s claim regarding Gat No. 291 and stated that the revenue records show the lands registered in the names of Mohan Singh and Bhooraj Singh, both sons of Sukhi Singh.
Authorities have granted permission to only 20 people to offer namaz at the site. However, the petitioner claimed that a much larger gathering for prayers is expected as it is the month of Ramzan.
A lawyer representing the state said the restriction on the number of worshipers was imposed due to concerns about the law and order situation.
The court scheduled the next hearing for March 16.
