Allahabad HC quashes case against 2 students over Namaz at restricted site
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Prayagraj: The Allahabad High Court has quashed criminal proceedings against two students accused of offering namaz at a location prohibited by the local administration.
A single-judge bench of Justice Saurabh Srivastava set aside the proceedings arising from a First Information Report registered under Sections 143 (member of unlawful assembly) and 188 (disobedience to an order duly promulgated by a public servant) of the Indian Penal Code. The court observed that implicating the applicants, who had no prior criminal history, was not justified.
The case stemmed from a summoning order issued in May 2019 by a court in Sant Kabir Nagar after it took cognisance of the alleged offences.
Counsel for the applicants argued that the two were students with clean records and had been booked solely for intending to offer namaz in accordance with their faith. It was further submitted that one of them was preparing for a competitive examination and that continuation of the trial in what was described as a “petty offence” could adversely affect his future prospects.
Opposing the plea, the Additional Government Advocate acknowledged that the students had no criminal antecedents but maintained that certain places had been officially notified as restricted for offering namaz to maintain law and order. The state contended that the applicants were aware of the prohibition and nevertheless insisted on offering prayers at the notified site, thereby violating administrative directions issued to preserve peace and communal harmony.
The High Court observed that in a democratic and secular country, citizens of all faiths are guaranteed the right to practise their religion and perform rituals. However, it emphasised that in a socially diverse society, directions issued by the local administration must be adhered to in the larger interest of maintaining communal harmony and public order.
Noting the absence of criminal history and the potential adverse impact of prosecution on their future, the bench held that continuation of proceedings against the two applicants was unwarranted.
In its order dated February 17, the court quashed the criminal proceedings solely in respect of the two students, while cautioning them to strictly comply with any future instructions or specific restrictions imposed by the local administration.
With PTI inputs