HC tells UP officials: Quit if you can’t enforce law
Rejecting an order of the Uttar Pradesh Government that restricted the number of people offering prayers at a mosque in Sambhal district due to law and order issues, the Allahabad High Court has said the Superintendent of Police and Collector should either resign or seek transfer if they feel they are not competent enough to enforce the rule of law. The court fixed March 16 for the next hearing.
A Bench of Justices Atul Sreedharan and Siddharth Nandan observed, “It is the duty of the State to ensure that every community can offer worship peacefully in the designated place of worship and if it is a private property, as already been held by the court earlier to perform worship without any permission from the State.”
The court was hearing a petition filed by Munazir Khan of Sambhal alleging that he was prevented from conducting prayers during Ramzan on Gate Number 291, where, according to the petitioner, the mosque exists.
“This court has already settled that it is only where prayers or religious functions have to be held on public land or spill over the public property that the involvement of the State is essential, and permission must be sought,” the court said in its order dated February 27.
The State has disputed the ownership of Gata No 291 by saying that this is reflected in the names of Mohan Singh and Bhooraj Singh, both sons of Sukhi Singh, in the revenue records.
However, permission was granted only to the extent of 20 worshippers who may offer namaz, whereas the petitioner says a larger number of people may come for prayers as it is the month of Ramzan.
Counsel for the State said that on account of the perceived law and order situation, such an order restricting the number of worshippers was passed.
After hearing counsels for the parties, the court said, “It is the duty of the State to ensure that the rule of law prevails under every circumstance. If the local authorities, ie Superintendent of Police and Collector, feel that the law and order situation could arise because of which they want to limit the number of worshippers within the premises, they should either resign from their post or seek transfer outside Sambhal.” The court fixed March 16 for the next hearing.
