The Allahabad High Court has quashed criminal proceedings under Sections 143 and 188 of the Indian Penal Code against two students accused of offering Namaz at a place temporarily restricted by the local administration, while cautioning them to strictly adhere to such directions in the future.
The Court was hearing an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking quashing of the charge sheet dated August 29, 2017 and the summoning order dated May 27, 2019 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Sant Kabir Nagar.
It was submitted on behalf of the applicants that they had no criminal history and were students, and that continuation of the criminal trial would adversely affect their future prospects. The State, on instructions, informed the Court that certain places had been temporarily notified as restricted for offering Namaz in order to maintain law and order, and that the applicants had performed Namaz at such a site despite the restraint.
Justice Saurabh Srivastava observed that in a democratic and secular country, citizens are guaranteed the right to follow their faith and beliefs in accordance with their rituals. At the same time, directions issued by the local administration in the interest of maintaining law and order, peace, and harmony in society must be followed.
Taking note of the fact that there was hardly any criminal history against the applicants and that their implication was on account of their intention to perform Namaz at a temporarily restricted site, the Court held that continuation of the proceedings would adversely affect their future. Accordingly, the entire criminal proceedings were quashed insofar as the two applicants were concerned.
However, the Bench expressly warned the applicants to comply with any instructions or specific restraints issued by the local administration in the future, observing that such directions are issued in the larger interest of society.
The application under Section 528 BNSS was allowed accordingly.
Appearance:
Counsel for Applicant: Advocate Manoj Kumar Singh and Advocate Mohd. Shamim
Counsel for Opposite Party: G.A.
