Allahabad High Court Quashes Criminal Case Against Students Accused Of Offering Namaz At Restricted Place; Issues Warning

A bench of Justice Saurabh Srivastava also warned the students to follow the instructions and specific restraints issued by the local administration in the future.

Briefly put, the two applicants were implicated in an FIR for the commission of the alleged offences under Sections 143 and 188 of the IPC. A court in Sant Kabir Nagar took cognizance of the offence and issued a summoning order against them in May 2019.

During the proceedings, Senior Counsel Anil Srivastava, representing the applicants, argued that the applicants possessed no criminal history and were simply students.

It was submitted that their implication was based solely on a restriction on the performance of Namaz, in the form of worship of their own faith and belief.

The bench was apprised that Applicant No. 1 is an aspirant for higher class competitive examinations and the mechanical implication in such “petty offences” could adversely affect his future if the trial continued.

On the other hand, the Additional Government Advocate (AGA) for the State admitted the absence of a criminal history but submitted that certain places had been notified as not permitted for the performance of Namaz to maintain law and order.

The State contended that the applicants deliberately insisted on performing Namaz at the restricted place and, hence, violated instructions issued by the local administration to maintain the peace and harmony of society.

At the outset, the bench noted that in the democratic and secular set-up of the country, citizens of every faith, belief, and of different caste, creed, and religion have been guaranteed the right to follow their faith and beliefs as per their own rituals.

However, the Court added, considering the mixed culture of the society, a “certain yardstick and the suggestions in the shape of direction issued by the local administration have to be followed by citizens of the country”.

The Bench underscored that such compliance is in the larger interest of the society for maintaining law and order as well as peace and harmony amongst the local residents.

It noted that the implication solely on the basis of an intention to perform Namaz at a place not allowed for the time being by the administration was slightly hampering the future of Applicant No. 1 and was unjustified for Applicant No. 2.

Consequently, the Court quashed and set aside the entire proceeding, including the charge sheet and the summoning order.

Before parting with the order, the Court warned both applicants thus:

"…follow the instructions and the specific restrainment, if issued by the local administration in future which is always in the interest of the society at large for performing rituals of their own faith and belief in shape of worship as per their own custom"