New Delhi: The Allahabad High Court has ruled that no person or group can use public land for religious exclusive purposes and held that such activities, including holding namaz, must comply with public order and rights of others.A bench of Justices Saral Srivastava and Garima Prasad made the observation while dismissing the petition filed by Asin.“No party can unilaterally use public land for religious purposes,” the court clarified, adding that all individuals have equal rights to such property and the law does not allow exclusive use, ANI reported.The judge reiterated the wider legal position, saying “the right to practice one’s religion is subject to public order” and cannot be exercised in a way that infringes on the rights of others. It also points out that religious freedom is not absolute and remains subject to the rights of others.The court, referring to previous decisions, including Munazir Khan v. State of Uttar Pradesh and Others , noted that while bona fide religious activities in private premises are protected from arbitrary interference, such protection does not amount to “absolute carte blanche” for organized or regular collective religious activities.The court further noted that regulatory intervention by the state becomes permissible when such activities transcend private boundaries and begin to affect the public sphere. It added that it “cannot be interpreted as giving an unfettered right to convert private premises into unregulated collective spaces for regular gatherings.”
Court imposes restrictions on Namaz gatherings
While examining the case, the judge noted that the petitioner was not seeking to preserve an existing long-standing tradition but was instead trying to initiate regular collective gatherings involving participants from within and outside the village.The court noted that historically, namaz at this location was only served on specific occasions such as Eid, and held that any expansion beyond this limited practice would go beyond the scope of a protected activity and would therefore be subject to regulation.It also states that the state has the right to intervene in activities that deviate from established traditions and affect public order. The bench also said that even if the land was considered private property, the petitioners would still not be entitled to the relief sought.In its order, the court added that if public land is illegally transferred and subsequently used to demand the organization of namaz gatherings, such sale deeds will be deemed illegal and legally unsustainable.
