Allahabad HC Quashes Case Against Two Students Over Praying At Restricted Site
- High Court sets aside FIR over namaz at restricted site
- Justice Saurabh Srivastava cites no criminal history
Hyderabad: The Allahabad High Court has quashed criminal proceedings against two students accused of offering namaz at a place barred by the local administration. The court set aside the case, citing lack of criminal history and the impact on their future.
A single judge bench of Justice Saurabh Srivastava quashed the proceedings arising out of an First Information Report lodged under sections 143 and 188 of the IPC. Section 143 relates to member of unlawful assembly, while Section 188 concerns orders duly promulgated by government officials. The court observed that the implication of the applicants “who had no criminal history” was not justified.
Earlier, a court in Sant Kabir Nagar had taken cognisance of the alleged offences. It had issued a summoning order against the two students in May 2019. However, the applicants challenged the proceedings before the High Court.
Counsel for the applicants submitted that the two were merely students with no prior criminal record. They argued that the students had been implicated solely for intending to perform namaz in accordance with their faith. It was also argued that one of them was preparing for a competitive exam. Therefore, continuation of trial in such a “petty offence” could adversely affect his future.
Meanwhile, opposing the plea, the additional government advocate acknowledged the absence of criminal history. However, the state contended that certain locations had been notified as prohibited for offering namaz to maintain law and order. The state submitted that the applicants knowingly insisted on reading namaz at the restricted site. It said they violated administrative instructions meant to preserve peace and harmony.
The court observed that in a democratic and secular country, citizens of every faith are guaranteed the right to follow their beliefs and rituals. However, it underlined that in a socially diverse society, directions issued by the local administration must be followed in the larger interest of communal harmony and law and order.
In its order dated February 17, the bench quashed the proceedings only in respect of the two applicants. At the same time, it warned them to strictly follow any instructions or specific restraints issued by the local administration.
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