No permission needed to conduct religious prayer meetings within private premises: Al
No permission needed to conduct religious prayer meetings within private premises: Allahabad High Court
M.U.H
03/02/202616
The Allahabad High Court recently held that no prior permission from the state authorities is required to conduct religious prayer meetings within one’s own private premises, observing that the activity falls within the ambit of the fundamental right to freedom of religion guaranteed under Article 25 of the Constitution.
Article 25 of the constitution provides for freedom of conscience and free profession, practice and propagation of religion.
A bench of Justice Atul Sreedharan and Justice Siddharth Nandan was hearing a plea alleging inaction by the authorities concerned on several representations by the petitioner seeking permission to hold a religious prayer meeting within its private property.
“The petitioner has right to conduct the prayer as per convenience in his own private premises without any permission from the State Government,” the court held.
Background
The petitioners submitted that they wanted to have a religious congregation of worship within their private premises.
It was further submitted that no action was taken by the state authorities despite moving several representations for grant of permission.
Feeling aggrieved, the petitioners approached the high court.
Court’s findings
Instructions have come from the state and it has been clearly stated that there is no prohibition on the petitioner to conduct religious prayer meeting within its private premises.
It is also stated that equal protection of the law is accorded by instrumentalities of the State to all citizens across the state without discrimination with regard to religion or any other consideration.
The petitioner does not require any kind of permission under the law to pursue an act which is the petitioner’s fundamental right under Article 25 of the constitution subject to the fact that he conducts and carries out religious prayer meeting within the private premises of its own property.
On being asked whether there is any procession which would be led on public land or road, the petitioners have categorically answered that there is no procession to be carried out and that prayer would be restricted and limited only to the private premises.
The petitioner has the right to conduct the prayer as per convenience in his own private premises without any permission from the state government.
If any occasion arises where it has to spill over to the public road or public property, in such a situation, the petitioner shall at least intimate the police and take any requisite permission under the law.
The manner in which protection, if required, is to be provided, the same is within the discretion of the state. However, it is a concomitant duty on the state to ensure that property, rights and life of the petitioner are protected at all cost.
