There can be no embargo on religious functions in private premises: HC

Prayagraj: The Allahabad High Court has reiterated that there can be no impediment or embargo on prayers and religious functions being conducted within the private premises of a person irrespective of their denomination of faith.

In this case, the high court had earlier 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 going through the photographs of the structure, said that the structure is not a mosque as of date.

However, it said that the place has been used for the purpose of offering namaz earlier, adding that there shall be no obstruction offered to the devotees for prayers to be offered 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 Ramzan 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 the 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 the Earth’s humanity lies in her resilience and strength, arising from her historical, religious, cultural and linguistic diversity, like no other nation state on this planet with every major religion, culture and varied languages having co-existed for centuries in peace, harmony and mutual respect, formalised by Article 25 of the Constitution of India after the same 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 the public road or public property, the petitioner shall inform the police and take any requisite 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.