The Allahabad High Court has quashed the criminal proceedings against two students accused of offering namaz at a temporarily restricted place in Sant Kabir Nagar district of Uttar Pradesh. Justice Saurabh Srivastava on February 17 allowed the petition of both the students and rejected the charge sheet and the summoning order issued in the Magistrate Court.
The case was related to section 143 (unlawful assembly) and section 188 (disobedience to order of public officer) of the Indian Penal Code (IPC). The local administration had imposed a temporary ban on offering Namaz at some places to maintain peace and harmony. But these two students offered Namaz at the same place, due to which an FIR was registered against them. The police filed a charge sheet after investigation and the Sant Kabir Nagar court had issued summons to both of them in 2019.
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Petition was filed in the High Court
After this both the students filed a petition in the High Court. Their lawyer said the students have no criminal history. They are just students and their future can be spoiled by this case. This is a matter of minor streams, which appeared only because of offering Namaz. The government lawyer also told the court that both the students had no previous criminal record.
The court said that India is a secular democracy. According to the Constitution, people of every religion can worship according to their religious practice and belief. But at the same time, it is necessary to follow the orders and instructions of the local administration to maintain peace and law and order in the society. These instructions are given in the larger interest of the society.
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Court canceled the order
While giving the verdict, Justice Srivastava said that it is not appropriate to continue the proceedings against the two students. Therefore, the entire charge sheet and summons order against him are quashed. But the court also warned both the students that in future, if the local administration issues any restrictions or instructions, then they must follow them. This is necessary for peace, harmony and law and order.
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