The Allahabad High Court has dismissed a writ petition seeking protection and permission to offer Namaz on a piece of land in Sambhal, holding that the right to practise religion under Articles 25 and 26 is not an “unlimited right” and is subject to public order, morality and health.
A Division Bench of Justice Saral Srivastava and Justice Garima Prashad observed that while private prayer and limited devotional activity are protected, such protection is confined to activity that is “genuinely private, occasional and non-disruptive.”
The Court held that once religious activity assumes a “congregational character” involving persons beyond a limited private sphere, it produces “external consequences” such as impact on access, movement, and public order, and therefore becomes amenable to regulation.
Clarifying the position on public land, the Court stated that no individual or group can claim a right to use public land as an “exclusive or recurring religious space,” as such land is meant for common use and must be regulated to ensure equal access and civic order.
On facts, the Court found that the land in question was recorded as public land and that the petitioner failed to establish ownership, as the gift deed relied upon did not contain identifiable land particulars.
The Court further noted that the petitioner was not merely continuing an existing practice but was attempting to introduce “regular or organized congregational activity,” whereas the material on record indicated that Namaz had traditionally been offered only on specific occasions such as Eid.
Holding that no enforceable legal right was made out and that the claim had implications for public order and social harmony, the Court dismissed the writ petition.
Appearances:
Counsel for Petitioner(s) : Intekhab Alam Khan, Janardan SinghCounsel for Respondent(s) : C.S.C.
