Prayagraj, The Allahabad High Court quashed criminal proceedings against two students accused of offering prayers at a place banned by the local administration.
A single-judge bench of Justice Saurabh Srivastava quashed the proceedings arising out of the FIR filed under Sections 143 and 188 IPC, observing that the involvement of the applicants “who have no criminal record” was not justified.
A Sant Kabir Nagar court took note of the alleged crimes and issued summons against the two students in May 2019.
The applicants’ lawyer maintained that the two were merely students with no prior criminal record, and were only involved because they intended to perform prayers in accordance with their faith.
It was also said that one of them was preparing for a competitive exam, and that continuing the trial for such a “minor crime” could negatively affect his future.
Opposing this petition, the additional government counsel admitted the absence of criminal history but maintained that some locations had been notified as off-limits for prayer services to maintain law and order.
The state stated that the applicants deliberately insisted on reading prayers at the prohibited site and violated administrative instructions aimed at maintaining peace and harmony.
The court noted that in a democratic and secular state, citizens of all religions are guaranteed the right to practice their beliefs and observe their rituals. However, she stressed that in a socially diverse society, directives issued by the local administration must be followed in the larger interest of communal harmony, law and order.
The court noted that the prosecution of the plaintiffs, especially in the absence of any criminal record, was unjustified and could negatively affect their future.
In its order dated February 17, the court quashed the proceedings only in relation to the applicants.
At the same time, she warned them to strictly adhere to any specific instructions or restrictions issued by the local administration.
