Resign if you can’t manage, HC tells Sambhal authorities over restricting namaz

A bench of justices Atul Sreedharan and Siddharth Nandan underlined that worshippers do not need the state’s permission to pray on private property.

The Allahabad high court has asked the collector and police superintendent of Uttar Pradesh’s Sambhal to resign or seek transfer if they are 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 court reiterated that worshippers do not need the state’s permission to pray on private property. (Getty Images/iStockphoto)

A bench of justices Atul Sreedharan and Siddharth Nandan, on February 27, underlined that it is the duty of the state to ensure that every community can worship peacefully in their designated places of worship.

It reiterated that worshippers do not need the state’s permission to pray on private property.

“This court has already settled that it is only where prayers or religious functions have to be held on public land or spill over the public property that the involvement of the state is essential, and permission must be sought,” the bench said.

The state government disputed the ownership. It placed revenue records before the court, saying Mohan Singh and Bhooraj Singh were the owners of the land. The state argued that permission was granted to 20 worshippers to offer namaz, but Khan said a larger number of people may come because of Ramzan.

The government cited a perceived “law and order situation” and said an order was passed restricting the number of worshippers. The court said it outrightly rejects the contention. “It is the duty of the state to ensure that the rule of law prevails under every circumstance,” it said. The court directed the state government’s counsel to seek instructions in the case and fixed March 16 as the next hearing date.