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Namaz in house: HC directs withdrawal of police challan against petitioner, says no large gathering on property
Namaz in house: HC directs withdrawal of police challan against petitioner, says no large gathering on property
Prayagraj, The Allahabad High Court has disposed of a petition that alleged that a Bareilly resident was not permitted to offer namaz in his house, after he submitted an undertaking that he would not gather a large number of people for offering namaz on the property.
The high court also directed the state authorities to immediately withdraw a police challan dated January 16, 2026, issued against the petitioner Tariq Khan and other persons when they were offering prayers at the property owned by his relative Hassen Khan.
A bench comprising Justice Saral Srivastava and Justice Garima Prashad, in its March 25 order, said that authorities are at liberty to act in accordance with the law if the petitioner violates the undertaking and "collects a large number to offer Namaz at the property and if there is a threat to peace and tranquillity in the area".
The court also discharged the contempt notice issued earlier to the Bareilly District Magistrate and Senior Superintendent of Police after they appeared before the High Court on March 25 in compliance with an earlier order and filed personal affidavits.
The high court directed the immediate withdrawal of the security provided to Haseen Khan under a March 11 direction of the High Court.
Hassen Khan had approached the court during the hearing of the petition, stating that his family and property may be protected.
Additional Advocate General Anoop Trivedi submitted in the court that Hassen Khan was "misusing" the protection and at least 52-62 persons are offering Namaz at his property every day.
To substantiate this claim, the state placed on record photographs of the property enclosed with the affidavits.
Trivedi added that in case, such practice is allowed to be continued, it would be detrimental to the peace and tranquillity of the area.
He submitted that if there is any possibility of disturbance of law and order, the state authorities have no option but to take action.
Taking into account these submissions, the court took on record the undertaking of the counsel for the petitioner that he will not gather a large number of persons for offering namaz over the property.
The division bench observed, "We hope and trust that the petitioner shall abide by the undertaking given by him.
"In case the petitioner violates the aforesaid undertaking and collects in large numbers to offer Namaz at the property and if there is a threat to peace and tranquility in the area, the respondent authorities are at liberty to act in accordance with law".
The court also noted the submission of the petitioner's counsel that Haseen Khan no longer required any security. Consequently, the court directed the state authorities to withdraw the security provided to the petitioner.
With this, the high court disposed of the writ petition filed by Tariq Khany.
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