Allahabad HC: Private land cannot become unregulated venue for Namaz

New Delhi: The Allahabad High Court has dismissed a plea for permission and police protection to offer regular Namaz on a plot of land in Sambhal district, ruling that the right to practise religion does not extend to turning private premises into an "unregulated congregational space".

A Division Bench of Justices Saral Srivastava and Garima Prashad rejected the writ petition filed by Aseen, who claimed authorities were preventing prayers on land in Ikona village. The petitioner cited a registered gift deed from 16 June 2023 to assert ownership and alleged violations of Articles 19, 25, 26, 27 and 28 of the Constitution, accusing officials of colluding with social elements.

The Uttar Pradesh government countered that the land (Khata No. 613, Gata No. 629) is recorded as Abadi land under Category Shreni-6(2) for public use, with the petitioner failing to prove ownership. It noted Namaz had occurred there only on occasions like Eid, and regular prayers with outsiders risked communal harmony.

The court framed the core issue as the scope of Articles 25 and 26 for congregational activities on public or private land. "Private property may be used for personal and limited religious activity so long as it remains genuinely private, occasional and non-disruptive," the bench observed. "However, once such use extends to regular or organised congregational activity involving persons beyond a limited private sphere, it falls outside the protected domain and may attract regulatory control."

The right to religion, it added, is not absolute but subject to public order, morality and health. Public land cannot be claimed for recurring religious use, and even private land protections apply only to bona fide worship, not public venues. Authorities may act preemptively if public order is at risk, regardless of the activity's religious nature.

On the facts, the court found the petitioner's claims vague, lacking specifics on incidents, with revenue records confirming public land status. The gift deed did not override this, and the plea sought to introduce new regular gatherings, not protect existing practice. Dismissing the petition, the bench held no enforceable right was established, especially given risks to public order and social harmony.

(Inputs from IANS)