No legal prohibition on prayers in private premises, says Allahabad High Court

The Allahabad High Court has directed the district administration in Budaun, Uttar Pradesh, not to interfere with prayers being offered at a mosque situated within a private property.

A division bench comprising Justice Shekhar B. Saraf and Justice Vivek Saran issued the directive while hearing a petition filed by Alisher, a resident of Budaun. The petitioner had sought the court’s intervention to restrain authorities from obstructing the peaceful offering of namaz at Waqf Masjid Raza , which exists within a portion of his private property.

In his plea, Alisher stated that he had allowed members of the Muslim community to offer prayers at the small mosque located within his premises. However, local authorities allegedly tried to stop or restrict the prayers , citing concerns over permission and possible law-and-order issues if people gathered at the site.

In its order, the bench said it agreed with the view taken earlier by a coordinate bench that there is no legal prohibition on conducting religious prayer meetings inside private premises . “Upon perusal of the said judgment, we are in consensus with the view taken by the coordinate bench and accordingly direct the respondent-authorities not to interfere in any manner with regard to the prayers being offered within the premises of the petitioners,” the court observed.

During the hearing, the counsel for the petitioner referred to a judgment delivered on January 27 by another division bench in the case of Maranatha Full Gospel Ministries vs. State of Uttar Pradesh and others . That ruling had held that religious prayer meetings held within private property cannot be restricted unless they violate any specific law.

While disposing of the writ petition on February 25 , the court granted relief to the petitioner on the basis of the earlier judgment. At the same time, the bench clarified that if any law-and-order situation arises on public roads or public property in connection with the prayers, the police are free to take appropriate action in accordance with the law.