Allahabad HC bars gathering for Namaz on private property, stresses public order

Prayagraj: The Allahabad High Court has ruled that personal security and private property rights cannot be used as a cover to endanger public order and peace.

The court restrained the petitioners from gathering crowds to offer namaz on private property.

The bench of Justice Saral Srivastava and Justice Garima Prasad observed that authorities are free to take action if law and order is disturbed. The order came while hearing a petition filed by Tariq Khan.

Khan, a resident of Bareilly, had approached the court challenging restrictions imposed on offering namaz on private property during Ramzan and the challans issued against him for breach of peace. In the earlier hearing, the court had summoned the District Magistrate and Senior Superintendent of Police of Bareilly, who later appeared in person in compliance with the court’s directions.

During the proceedings, Additional Advocate General Anoop Trivedi, representing the state government, submitted that the petitioner was misusing provisions under the pretext of security.

The court was informed through affidavits and evidence that around 52 to 62 people were gathering on the petitioner’s private premises to offer namaz, posing a potential threat to communal harmony and local security.

The court underlined that maintaining law and order is the primary duty of the administration and such practices cannot be permitted if they disrupt public peace.

Recording this undertaking, the court expressed hope that the petitioner would adhere to his assurance. However, it made it clear that any violation leading to crowd gathering in the name of namaz and disturbing peace would invite strict action from the district administration and police in accordance with law.