Prayagraj, February 21 The Allahabad High Court has quashed criminal proceedings against two students accused of offering prayers at a place prohibited by the local administration.
A single judge bench of Justice Saurabh Srivastava set aside the proceedings arising out of an FIR registered under sections 143 (member of unlawful assembly) and 188 (orders duly promulgated by government officials) of the IPC, observing that the implication of the applicants "who had no criminal history" was not justified.
A court in Sant Kabir Nagar had taken cognizance of the alleged offenses and issued a summons order against the two students in May 2019.
Counsel for the applicants submitted that the two were merely students with no prior criminal record and had been implicated solely for intending to offer prayers in accordance with their faith.
It was also argued that one of them was preparing for a competitive exam, and continuing the trial in such a "minor offense" could adversely affect his future.
Opposing the plea, the additional government advocate acknowledged the absence of criminal history but contended that certain locations had been notified as prohibited for offering prayers to maintain law and order.
The state submitted that the applicants knowingly insisted on reading prayers at the restricted site and violated administrative instructions meant to preserve peace and harmony.
The court observed that in a democratic and secular country, citizens of every faith are guaranteed the right to follow their beliefs and rituals. However, it underlined that in a socially diverse society, directions issued by the local administration must be followed in the larger interest of communal harmony and law and order.
The bench noted that the prosecution of the two applicants, particularly in the absence of any criminal antecedents, was unjustified and could adversely impact their future.
In its order dated February 17, the court quashed the proceedings only in respect of the two applicants.
At the same time, it warned them to strictly follow any instructions or specific restraints issued by the local administration.