Kamal Ghorui
NEW DELHI: The Allahabad High Court ruled that public land cannot be claimed for exclusive religious use by any individual or group, holding that such activities, including offering Namaz, must remain subject to public order and the rights of others.The observation was made by a Division Bench of Justice Saral Srivastava and Justice Garima Prasad 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, reported ANI.Reiterating the broader legal position, the Bench stated that the “right to practice religion is subject to public order” and cannot be exercised in a way that infringes upon the rights of others. It further noted that religious freedom is not absolute and remains subject to the rights of others.Referring to earlier rulings, including the Munazir Khan vs State of Uttar Pradesh and Others case, the 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 added, “It cannot be interpreted that there is an unrestricted right to convert private premises into unregulated collective spaces for regular gatherings.”
Court flags limits on Namaz gatherings
In examining the present case, the Bench noted that the petitioner was not seeking to preserve an existing long-standing tradition but was instead attempting to initiate regular collective gatherings involving participants from within and outside the village.The Court observed that historically, Namaz at the site had been offered only on specific occasions such as Eid, and held that any expansion beyond this limited practice would fall outside the scope of protected activity and would therefore be open to regulation.It further remarked that the State has the authority to intervene where activities deviate from established traditions and affect public order. The Bench also stated that even if the land were considered private property, the petitioner would still not be entitled to the relief sought.In its order, the Court added that if public land is illegally transferred and later used to demand organised Namaz gatherings, such a sale deed would be considered illegal and not sustainable in law.
