Prayagraj,

14 March (HS): Rejecting the Uttar Pradesh government's order limiting the

number of people offering prayers at a mosque in Sambhal district due to law and

order concerns, the Allahabad High Court ruled that the Superintendent of

Police and Collector should resign or seek transfer if they believe they are incompetent

to enforce the law. A bench of justices Atul Sreedharan and Siddharth Nandan

observed that it is the state's responsibility to ensure that every community

is able to worship peacefully in the designated place of worship, even if it is

private property, as previously held by the court.

The court was hearing a plea submitted by Munazir

Khan of Sambhal saying that he was prohibited from holding Ramzan prayers on

Gata No.291, where the petitioner claims a mosque exists. This court has

already determined that only when prayers or religious services must be

performed on public land or spill over into public property is the state's

involvement required, and permission must be sought, according to the court's

February 27 judgment. The state has challenged possession of Gata No.291,

claiming that it is shown in the revenue records in the names of Mohan Singh

and Bhooraj Singh, both Sukhi Singh's sons. However, authorization was given

only to the limit of 20 worshipers who may say namaz. The petitioner, on the other hand,

claims that because it is Ramzan, a bigger number of individuals will attend

prayers.

Counsel for the State stated that the order restricting the number of

worshipers was issued in response to the perceived law and order situation. After

hearing counsel for the parties, the court stated, It is the State's

responsibility to ensure that the rule of law prevails in all circumstances. If

the local authorities, namely the Superintendent of Police and the Collector,

believe that a law and order crisis may occur and wish to limit the number of

worshipers on the premises, they should either resign or seek relocation

outside Sambhal.” The court set March 16 as the next hearing date.

Hindusthan Samachar / Abhishek Awasthi