The Crossbill News Desk
In a ruling that clarifies the scope of religious freedom on private property, the Allahabad High Court has held that no prior permission is required to conduct a religious prayer meeting within one’s own premises in Uttar Pradesh.
The observation was made while hearing two similar petitions filed by Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust, according to Bar and Bench.
A division bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan delivered the verdict after taking note of the Uttar Pradesh government’s submission that there is currently no legal provision mandating prior permission for such gatherings.
Referring to the state’s instructions, the court said: “Instructions have come from the State. Paragraph no.18 is relevant. It is very clearly stated that there is no prohibition on the petitioner to conduct religious prayer meeting within his 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 court underscored that conducting a prayer meeting on private property falls squarely within the ambit of fundamental rights guaranteed under Article 25 of the Constitution. In its ruling, it stated that no permission was required under the law to carry out an act that forms part of this constitutional guarantee.
At the same time, the bench drew a clear distinction between private and public spaces. It clarified that the protection applies only when the religious activity is confined strictly to private premises.
“However, if any occasion arises where it has to spill over the public road or public property, in such a situation, this Court mandates that the petitioner shall at least intimate the police and take any requisite permission under the law, if so require,” the court said.
The ruling comes against the backdrop of a recent police action in Bareilly district.
On January 18, Uttar Pradesh police detained 12 people from a village for allegedly offering namaz inside an unoccupied house without official approval.
Also read: 12 Detained in Bareilly for Alleged Unauthorised Namaz in Vacant House
Police claimed that preliminary inquiries showed the property belonged to a person named Hanif and was being used temporarily for Friday prayers on January 16. They further alleged that those present at the site were unable to produce any written permission or valid documents when questioned.
The High Court’s order is expected to have a wider bearing on similar disputes, reaffirming that religious practices carried out within private premises do not require state approval, so long as they do not encroach upon public spaces.
The observation was made while hearing two similar petitions filed by Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust, according to Bar and Bench.
A division bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan delivered the verdict after taking note of the Uttar Pradesh government’s submission that there is currently no legal provision mandating prior permission for such gatherings.
Referring to the state’s instructions, the court said: “Instructions have come from the State. Paragraph no.18 is relevant. It is very clearly stated that there is no prohibition on the petitioner to conduct religious prayer meeting within his 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 court underscored that conducting a prayer meeting on private property falls squarely within the ambit of fundamental rights guaranteed under Article 25 of the Constitution. In its ruling, it stated that no permission was required under the law to carry out an act that forms part of this constitutional guarantee.
At the same time, the bench drew a clear distinction between private and public spaces. It clarified that the protection applies only when the religious activity is confined strictly to private premises.
“However, if any occasion arises where it has to spill over the public road or public property, in such a situation, this Court mandates that the petitioner shall at least intimate the police and take any requisite permission under the law, if so require,” the court said.
The ruling comes against the backdrop of a recent police action in Bareilly district.
On January 18, Uttar Pradesh police detained 12 people from a village for allegedly offering namaz inside an unoccupied house without official approval.
Also read: 12 Detained in Bareilly for Alleged Unauthorised Namaz in Vacant House
Police claimed that preliminary inquiries showed the property belonged to a person named Hanif and was being used temporarily for Friday prayers on January 16. They further alleged that those present at the site were unable to produce any written permission or valid documents when questioned.
The High Court’s order is expected to have a wider bearing on similar disputes, reaffirming that religious practices carried out within private premises do not require state approval, so long as they do not encroach upon public spaces.
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