The Allahabad High Court has asked a tax collector and superintendent of police in Uttar Pradesh’s Sambhal to resign or seek transfer if they are not qualified to enforce the rule of law, after authorities cited “law and order” concerns for limiting the number of worshipers at a mosque.
A bench of Justices Atul Sreedharan and Siddharth Nandan, on February 27, stressed that it is the duty of the state to ensure that every community is able to worship peacefully in their designated places of worship.
She stressed that worshipers do not need permission from the state to pray on private property.
“This court has already decided that only in cases where prayers or religious events must be held on public lands or on public property, state intervention is necessary and permission must be obtained,” the bench said.
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Munther Khan, a resident of Sambhal, moved to court saying that he was prevented from offering prayers during Ramadan. Khan produced photographs and land revenue records relating to the site where the prayer was to be held.
The state government opposed the monarchy. She showed the revenue records before the court saying that Mohan Singh and Bhoraj Singh were the owners of the land. The state said permission had been granted for 20 worshipers to perform the prayers, but Khan said a larger number of people may come because of Ramadan.
The government cited a “law and order situation” and said an order had been issued restricting the number of worshippers. The court said it categorically rejects this claim. He added: “It is the state’s duty to ensure the rule of law in all circumstances.” The court ordered the state government’s lawyer to request instructions in the case and set March 16 as the next hearing date.
