Allahabad HC Rejects Plea For Regular Namaz At Sambhal Property

Allahabad/Hyderabad, May 2: The Allahabad High Court has dismissed a petition seeking permission and police protection to offer regular Namaz at a property in Sambhal, stating that religious freedom does not extend to turning private or public land into an unregulated congregational space.

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Key Observations by the Court

A Division Bench of Justices Saral Srivastava and Garima Prashad held:

• The right to practice religion (Articles 25 & 26) is not absolute
• It is subject to:
  • Public order
  • Morality
  • Health
• Private property can be used for:
  • Personal or limited religious activity
  • As long as it remains occasional and non-disruptive

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• However, it cannot be converted into a regular public prayer venue involving large gatherings

On Public Land Use

The court made it clear:

• Public land cannot be claimed for recurring religious use
• No group can demand it as an exclusive or permanent prayer space
• Authorities can act proactively if an activity may disturb public order

Case Background

• The petitioner claimed ownership via a gift deed (June 2023)
• Alleged that authorities were preventing Namaz on the land

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• Sought permission and police protection

However, the Uttar Pradesh government argued:

• The land is recorded as Abadi (public use land) in revenue records
• Namaz was historically offered only on specific occasions like Eid
• The plea aimed to introduce regular congregational prayers, which could affect local harmony

Court’s Conclusion

• The petition lacked specific evidence and details
• Ownership claims could not override official land records

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• Even if private, regular mass gatherings cannot be demanded as a right

The court ruled:

“Freedom of religion is subject to public consequences, not just religious intent.”

Final Outcome

• Petition dismissed
• No enforceable legal right established

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• Court emphasized balance between individual freedom and societal order