Resign if you can’t enforce rule of law: Allahabad HC to Sambhal DM, SP, who wanted t
Resign if you can’t enforce rule of law: Allahabad HC to Sambhal DM, SP, who wanted to limit worshippers at mosque
M.U.H
14/03/20267
Taking a stern view of Sambhal district authorities placing restrictions on the number of worshippers at a mosque, the Allahabad High Court has asked the Sambhal Superintendent of Police and the District Magistrate to resign from their posts or opt for a transfer if they don’t find themselves competent enough to enforce the rule of law.
A division bench of Justices Atul Sreedharan and Siddharth Nandan observed in its order, passed on February 27, “It is the duty of the State to ensure that every community is able to offer worship peacefully in the designated place of worship… and if it is a private property, as already held by the Court earlier, to perform worship without any permission from the State. This Court has already settled that it is only where prayers or religious functions have to be held on public land or spill over to public property that the involvement of the State is essential and permission must be sought.”
The court was hearing a petition filed by one Munazir Khan, who said he was prevented from conducting prayers during Ramzan at a land where a mosque exists. Objecting to the petitioner’s claim, the counsel for the State disputed the ownership of the land.
The police and the district administration granted permission only to 20 worshippers, who may offer namaz, whereas the petitioner requested that a larger number of persons may come to offer namaz within the premises as it is the month of Ramzan.
In his submission, the counsel for the State also told the court that, on account of the perceived law-and-order situation, the order restricting the number of worshippers was passed.
The Bench, however, stated, “We outrightly reject the contention put forth by the learned counsel for the State. It is the duty of the State to ensure that the rule of law prevails under every circumstance.”
“If local authorities, i.e. the Superintendent of Police and Collector, feel that a 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 if they feel they are not competent enough to enforce the rule of law,” it said.
The counsel for the state also said the land is reflected in the names of Mohan Singh and Bhooraj Singh, sons of Sukhi Singh, in the revenue records.
The petitioner, however, did not produce any photographs of the said mosque or a place of worship within which namaz is supposed to be offered, and sought time to submit the photographs.
Hearing submissions from both sides, the Bench listed the matter for March 16, stating, “Under the circumstances, State has sought time to seek instructions in this case and the petitioner wants to file a supplementary affidavit bringing on record photographs and revenue records to show where namaz is to be offered.”
