How Can You Stop Someone From Praying? Allahabad High Court To State In PIL Alleging Illegal Sealing Of Church

Update: 2023-08-24 15:30 GMT
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A public interest litigation (PIL) has been filed in Allahabad High Court against the reported sealing of a church located in District Kaushambi. While hearing the matter, the bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava asked the State how it could prevent someone from practicing their right to pray.“How can you stop someone from offering prayers?”...

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A public interest litigation (PIL) has been filed in Allahabad High Court against the reported sealing of a church located in District Kaushambi.

While hearing the matter, the bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava asked the State how it could prevent someone from practicing their right to pray.

“How can you stop someone from offering prayers?” the Chief Justice asked the State.

The petitioner, Ashray Charitable Trust and its Managing Trustee, claimed to have filed the petition in the interest of the devotees who were allegedly being denied their right to conduct Sunday prayers. The petitioner-Trust had established the church in Muhhamadpur Village, District Kaushambi, which was purportedly sealed unlawfully by authorities based on what they argue was false information circulated on a Hindu leader's Twitter account. 

The petitioner's counsel argued that the church had been sealed on false allegations, causing inconvenience to the devotees who had to travel long distances to offer their Sunday prayers.

The counsel appearing for the State alleged that the Church premises was being used for forced religious conversions and hence, was sealed. The second petitioner, who claimed to be a member of the Trust, was reportedly arrested for engaging in forced conversions. In response, the petitioner's counsel clarified that the second petitioner was released on bail, to which Justice Srivastava remarked that bail does not indicate innocence.

Regarding the accusations against the second petitioner, the court acknowledged that a chargesheet had been filed and that the individual was part of the current PIL proceedings as well.

The petitioner's counsel explained that the place in question was a small room where community members gathered to conduct prayers. In contrast, the State strongly opposed the PIL, arguing that in smaller districts, individuals often acquire small rooms and, under the guise of religious activities, carry out forced conversions.

The matter was directed to be listed after exchange of affidavits.

Case Title: Ashray Charitable Trust and Anr. v. State of U.P. and others [PIL No. 1880/23]

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