No right to offer Namaz or organize large-scale religious events on public land: Allahabad High Court

Bureau Prayagraj. Allahabad High Court has ruled that there is no right to offer Namaz or organize large-scale religious events on public land. The court said that constitutionally the right to religious freedom is subject to public order and the rights of others. The court made this comment while rejecting a petition seeking permission to offer Namaz on a land in Ikona village of Sambhal district of Uttar Pradesh.

The Division Bench of Justice Garima Prasad and Justice Saral Srivastava dismissed the petition filed by one person, Asin. The petitioner claimed that the land was his personal property and he wanted protection from the authorities to pray there. According to the petitioner, the land is owned by him through a gift deed registered on June 16, 2023.

He argued that no prior permission is required to offer Namaz on private property and banning it is a violation of his constitutional rights. The Uttar Pradesh government opposed the petition, saying that this land is recorded in the revenue records as abadi land, which is for public use. The government said that the petitioner did not prove legal ownership. The gift deed does not clearly identify the land and only vague boundary details are given.

The government told the court that namaz has traditionally been offered at that place only on the occasion of Eid. No custom has been banned. But the petitioner is trying to start regular mass prayers by calling people from inside and outside the village, which may disturb the local social balance.

The court said that the Constitution guarantees religious freedom, but it is subject to public order, morality and health. Public land is for the common people and cannot be allowed to be repeatedly grabbed for religious activities, as this may affect traffic and civil order.

The court clarified the distinction between private worship and organized religious gatherings. Individual prayer indoors or in limited private space is fully protected, but when it becomes organized and large numbers of people begin to participate, it acquires a public character and may be regulated by the State Government.

The court also said that the authorities need not wait for the actual disturbance to occur. If any activity is likely to affect public order or communal harmony, they can take preventive action. Since the petitioner failed to prove ownership and the land remained registered in the public category, the court rejected the petition.