Munazir Khan Vs State of U.P. And 4 Others (Allahabad High Court)
The Allahabad High Court heard a petition concerning restrictions placed on offering Namaz during the month of Ramzan at Gata No. 291 in Sambhal. The petitioner alleged that he was being prevented from conducting prayers at the location, where he claimed a mosque existed. However, no photographs or material evidence showing the existence of a mosque or place of worship at the site were filed with the petition.
The State disputed the petitioner’s claim regarding the ownership of the land. According to the revenue records produced by the State, Gata No. 291 is recorded in the names of Mohan Singh and Bhooraj Singh, sons of Sukhi Singh. The authorities had permitted only twenty worshipers to offer Namaz at the location. The petitioner contended that a larger number of people would come to offer prayers during Ramzan and therefore the restriction was unreasonable.
The State justified the limitation by stating that the order was issued due to a perceived law and order situation. The Court rejected this contention. It observed that maintaining law and order is the responsibility of the State, and authorities cannot restrict the number of worshipers merely on that ground. The Court remarked that if the Superintendent of Police or the Collector believed they could not manage the law and order situation, they should either resign from their posts or seek transfer outside the district.
