The court ordered 24-hour armed protection for Khan. It said any harm to him or his property would prima facie implicate the state government.
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The Allahabad High Court strongly criticised authorities in Uttar Pradesh for restricting the number of worshippers offering namaz during Ramzan in Sambhal district.
The court observed that officials should resign or seek transfer if they feel incapable of maintaining law and order.
A Division Bench comprising Justices Atul Sreedharan and Siddharth Nandan made the remarks while hearing a petition filed by Munazir Khan.
The petitioner alleged that local authorities prevented devotees from offering prayers on land claimed to house a mosque.
He argued that the administration allowed only 20 persons to perform namaz despite the larger turnout expected during the Ramzan period.
However, the state government contested the claim regarding the existence of a mosque.
Officials stated that the disputed land, recorded as Gata No 291, appears in revenue documents under the names of Mohan Singh and Bhooraj Singh.
Authorities defended the restriction by citing possible law and order concerns. The Bench firmly rejected this justification.
It stated that maintaining peace and enforcing the rule of law remain the government’s responsibility.
The court emphasised that the state cannot curtail religious practices merely due to administrative apprehensions.
The Bench also clarified that communities may offer prayers freely at designated religious sites.
However, authorities may regulate gatherings only when worship occurs on public land or spills onto public property.
During the proceedings, the court made the observation. The petitioner had not submitted photographs or documents confirming the existence of a mosque at the location.
It permitted him to file a supplementary affidavit along with supporting records. The case will return for further hearing on March 16.
In a related matter in Bareilly, the Bench directed the District Magistrate and Senior Superintendent of Police to appear in court.
The order followed allegations by homeowner Haseen Khan, who claimed police detained him while he offered namaz at his residence.
The court ordered 24-hour armed protection for Khan. It said any harm to him or his property would prima facie implicate the state government.
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