Don’t interfere with prayers offered in mosque on private property: Allahabad HC to Budaun authorities

The Allahabad High Court has directed the Budaun district administration not to interfere with prayers being offered in a mosque located on private property.

A division bench of Justices Vivek Saran and Shekhar B Saraf, while issuing the direction, said it is in agreement with the view recently taken by the Coordinate Bench, which had held that there is no prohibition in law to conduct a religious prayer meeting within one’s own private premises.

“Upon perusal of the said judgment [Maranatha Full Gospel Ministries vs.

State of U.P.

and others], we are in consensus ad idem with the view taken by the Coordinate Bench and, accordingly, direct the respondent-authorities not to interfere in any manner with regard to the prayers being offered within the premises of the petitioners,” the court stated in its February 25 order.

The bench issued the order on a petition filed by Alisher and others, seeking directions to the authorities to refrain from causing any interference or obstruction in the peaceful offering of namaz by the petitioner, his family members, and other members of the Muslim community, in a mosque situated on a portion of the petitioner’s property in Budaun.

The petition further sought directions to the authorities to ensure protection to the petitioner and other members of the Muslim community so they may offer namaz peacefully in the said mosque.

The court, in its order, said the counsel appearing on behalf of the petitioners relied on the Coordinate Bench’s January 27 judgment.

The court also stated, “Needless to mention, if any law and order situation arises on a public road or public property, police may take adequate action in accordance with law.

With the above direction, the writ petition is disposed of.”
In a similar direction on March 11, the HC bench of Justices Siddharth Nandan and Atul Sreedharan had directed round-the-clock security to a man named Haseen Khan, on a petition by his relative Tarik Khan, asking that the Bareilly District Magistrate (DM) and Senior Superintendent of Police (SSP) be told not to interfere in prayers being offered from the private premises of Haseen.

The court had ordered that two armed guards shall accompany Haseen Khan “wherever he goes till this court decides otherwise”.

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