Prayagraj, March 18 The Allahabad High Court has reiterated that there can be no impediment or restriction on prayers and religious functions being conducted within the private premises of a person, regardless of their faith.
In this case, the high court had previously asked the Sambhal Superintendent of Police (SP) and Collector to resign or seek transfer if they were not competent to enforce the rule of law after the authorities cited "law and order" concerns to limit the number of worshippers at a mosque in the city.
A two-judge bench comprising Justices Arul Sreedharan and Siddharth Nandan, after reviewing the photographs of the structure, stated that the structure is not a mosque as of now.
However, it said that the place has been used for offering namaz earlier, adding that there should be no obstruction to devotees offering prayers at the same place.
The bench on March 16 disposed of the petition filed by a Sambhal resident, Munazir Khan, who alleged that the administration allowed only 20 persons to offer prayers during the ongoing month of Ramadan on his premises, which was a mosque, whereas a larger number of persons may come during this period.
On February 27, the Allahabad High Court asked the Collector and SP of Sambhal to resign or seek transfer if they were not competent to enforce the rule of law after the authorities cited "law and order" concerns to limit the number of worshippers at a mosque.
"The glory of this republic of 1.4 billion of humanity lies in her resilience and strength, arising from her historical, religious, cultural and linguistic diversity, like no other nation state on this planet where every major religion, culture and varied languages have co-existed for centuries in peace, harmony and mutual respect, formalized by Article 25 of the Constitution of India after it came into force," the bench remarked.
In a different case, the Allahabad High Court observed last month that no permission was needed for holding a religious prayer meeting within private premises in Uttar Pradesh.
However, the court clarified that if any occasion arises where the religious prayer meeting has to spill over onto a public road or public property, the petitioner shall inform the police and take any necessary permission under the law in such a situation.
The court was dealing with two similar petitions moved by Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust, both Christian bodies seeking the holding of prayer within their private premises.
Disposing of both the writ petitions, a two-judge bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan passed the order after taking into account the UP government's submission that no such requirement of seeking permission exists in law.
The high court observed 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, which deals with religious freedom to citizens.