No right to offer namaz on public land : Important verdict of Allahabad High Court

Prayagraj (Uttar Pradesh) – Stating that public land cannot be used by any one religion for carrying out religious activities, the Allahabad High Court has clarified that there is no right to offer namaz on public land. While dismissing the petition of Aseen, a resident of Ikauna in Sambhal district of

Uttar Pradesh, the Court observed that

1. Public land belongs equally to everyone. Its one-sided use is not acceptable under the law.

2. In the earlier case of Munajir Khan vs State of Uttar Pradesh and others, while protecting peaceful prayer within private premises, the High Court had held that individual religious practices cannot be arbitrarily interfered with; however, this judgment cannot be interpreted to mean that organised or regular collective activities within private premises have complete exemption.

3. The right to practise religion is subject to public order and cannot be exercised in a manner that interferes with the rights of others.

4. Even if the land is considered private, the petitioner is not entitled to the relief sought. Records indicate that he is not protecting any existing practice, but is seeking to initiate regular collective gatherings by involving people from within and outside the village.

5. If public land is improperly transferred and then used to gather crowds for offering namaz, such transfer will be considered illegal.