The Allahabad High Court has rejected a petition asking authorities to provide security and allow prayers to be performed on a plot of land in a village in Sambhal district, saying the right to practice religion is subject to public order and cannot be exercised in a way that conflicts with the rights of others.
The Court noted that the introduction or expansion of a religious use or practice that was not previously prevalent, especially when it disturbs the existing social balance, is not protected under Articles 25 and 26.
A bench of Justices Saral Srivastava and Garima Prasad observed that the state is not required to wait for actual disturbance to occur and can take reasonable preventive measures where such activity is likely to affect public life.
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Petitioner Asin of Sambhal, who claims to be the owner of the property based on gift deed, argued that the respondent authorities were restricting such prayers, thereby violating his fundamental rights under Articles 25 and 26 of the Constitution.
The State Counsel claimed that the land in question was registered as Abadi land for public use and that the petitioner had no ownership rights over it.
The court was informed that prayers are traditionally offered at this location only on the occasion of Eid, and that no restrictions have been imposed on this well-established practice.
It was also stated that the petitioner was trying to establish regular mass prayers on a large scale by inviting people from within and outside the village.
It was also pointed out that although religious practices must be respected, no new traditions or non-traditional activities may be permitted, and established practices must be adhered to in order to maintain public order.
After hearing counsel for both parties, the court noted that “public lands are intended for common use and no individual or group can claim the right to use them as an exclusive or frequent religious space. The state is obliged to ensure equal access and cannot allow preferential or exclusive use of these lands.”
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The court further said that “the right to practice religion is subject to public order, including access, movement and peaceful living, and cannot be exercised in a manner that conflicts with the rights of others.”
In its order, the court stressed that the right to practice religious rituals is not an unlimited right and must be exercised in a way that does not affect others or disrupt the normal functioning of public life.
The court also said that the state has the constitutional right and, in appropriate cases, the obligation to prevent the use of public lands without legal authority.
After reviewing the facts of the case and the materials on record, the court said that it did not support the plaintiff’s claim and rejected the petition.
