Prayagraj (Uttar Pradesh) [India], May 2 : The Allahabad High Court has observed that public land cannot be used exclusively by any individual or group for religious activities, including offering Namaz, and said that such use is subject to public order and the rights of others.
A Division Bench comprising Justice Saral Srivastava and Justice Garima Prasad made the observations while dismissing a petition filed by Asin, a resident of Ikauna under Gunnaur Tehsil in Sambhal district, who had sought relief in connection with the use of land for offering Namaz.
The Court clarified that "public land cannot be unilaterally used by any single party for religious purposes," adding that all individuals have equal rights over such property and its exclusive use is not legally permissible.
Referring to earlier rulings, including the Munazir Khan vs. State of Uttar Pradesh and Others case, the High Court noted that while bona fide religious practices within private premises are protected and cannot be subjected to arbitrary interference, such protection does not amount to "absolute carte blanche" for organised or regular collective religious activities.
The Court further observed that when such activities extend beyond private boundaries and begin impacting the public domain, regulatory intervention by the State becomes permissible.
"It cannot be interpreted that there is an unrestricted right to convert private premises into unregulated collective spaces for regular gatherings," the bench added.
The Court also observed that the "right to practice religion is subject to public order" and cannot be exercised in a manner that infringes upon the rights of others. Even if the land were to be deemed private property, the petitioner would still not be entitled to the relief sought.
The Bench also noted that in the present case, the petitioner was not seeking to preserve an existing long-standing tradition, but was attempting to initiate regular collective gatherings involving participants from within and outside the village.
It further observed that historically, Namaz at the concerned site was being offered only on specific occasions such as Eid, and that any expansion beyond this limited practice would fall outside the scope of protected activity and hence be subject to regulation.
The Court also remarked that the State has the authority to intervene where activities deviate from established traditions and impact public order.
Reiterating the legal position, the Court said that religious freedom is not absolute and remains subject to the rights of others.
In its order, the Court also observed that if public land is illegally transferred and subsequently used to demand organised Namaz gatherings, such a sale deed would be considered illegal and not sustainable in law.
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