Prayagraj: The Allahabad High Court on Saturday, March 14, dismissed the Uttar Pradesh administration’s decision to restrict the number of worshippers allowed to offer namaz during Ramzan at a mosque in Sambhal.
The Uttar Pradesh administration had granted only 20 worshipers inside the mosque during the Islamic holy month, citing potential law and order issues.
While hearing a petition filed by Munazir Khan, a bench comprising Justice Atul Sreedharan and Siddharth Nandan “outrightly rejected” the UP government’s reasons for enforcing the requirement.
Khan had alleged that he was prevented from offering prayers during Ramzan at Gate no 291, where a mosque exists.
“We outrightly reject the contention put forth by the learned counsel for the State. It is the duty of the State to ensure that the rule of law prevails under every circumstance,” the bench observed.
The High Court noted that if the Superintendent of Police and the Collector perceive that civil unrest could arise due to a large number of worshippers, then they should either resign or transfer if they are unable to manage the problem.
“If the local authorities, ie, Superintendent of Police and Collector feels that the law and order situation could arise because of which they want to limit the number of worshippers within the premises, they should either resign from their post or seek transfer outside Sambhal if they feel they are not competent enough to enforce the rule of law,” the bench said.
Admonishing the administration, the court said it is the state’s duty to ensure every community is allowed to offer prayers peacefully. The bench clarified that permission from the state is required only when public land is involved or religious activities extend to public property.
“It is the duty of the state to ensure that every community is able to offer worship peacefully in the designated place of worship and if it is a private property as already been held by the court earlier, to perform worship without any permission from the state.”
The state’s counsel argued that Mohan Singh and Bhooraj Singh were the owners of the land as per the revenue records. After the court noted that the petitioner had not produced photographs showing the mosque’s establishment, Khan expressed he wants to file an additional affidavit to submit pictures and revenue records to show where the namaz is offered.
The state, meanwhile, sought time to seek instructions regarding the case.
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