Allahabad: The Allahabad High Court in Uttar Pradesh has dismissed a writ petition seeking permission and police protection for offering regular Namaz at a property in Sambhal district.
According to Kashmir Media Service, a Division Bench comprising Justices Saral Srivastava and Garima Prashad ruled that the fundamental right to practise religion under Articles 25 and 26 of the Constitution does not extend to converting private premises into an “unregulated congregational space.”
The petitioner, Aseen, claimed ownership of the land based on a registered gift deed dated June 16, 2023. He alleged that authorities, in collusion with local elements, were illegally preventing him and other worshippers from offering prayers.
The Uttar Pradesh government strongly opposed the plea, stating that the land is recorded as Abadi land under Category Shreni-6(2), meant for public use.
The court observed that while private property may be used for personal and limited religious activity, regular or organised congregational prayers involving a larger group fall outside constitutional protection and remain subject to regulatory control.
Dismissing the petition, the Bench emphasised that authorities need not wait for actual disturbance before acting when public order is likely to be affected.