The Allahabad High Court has quashed criminal proceedings against two students who were booked for offering namaz at a place temporarily restricted by the local administration in Uttar Pradesh’s Sant Kabir Nagar district, The Indian Express reported on Saturday.
Justice Saurabh Srivastava on February 17 allowed the petition filed by the two students, who had been booked under sections of the Indian Penal Code pertaining to unlawful assembly and disobedience to orders lawfully promulgated by a public servant.
The judge also set aside the chargesheet and the May 2019 summoning order pending before the judicial magistrate in Sant Kabir Nagar.
He observed that the implication of the two students “who had no criminal history” was not justified, PTI reported.
The two students were also directed by the High Court to adhere to any future instructions or restrictions issued by the local authorities in the interest of maintaining law and order and communal harmony.
The judicial magistrate in Sant Kabir Nagar had examined the chargesheet filed by the investigating officer and took cognisance of the alleged offence by summoning the two students.
The two students had subsequently moved the High Court. Their counsel submitted that the applicants had no criminal history and that they were students, The Indian Express reported.
Their counsel submitted that the two students had been implicated solely for intending to perform namaz in accordance with their faith, PTI reported. One of them was preparing for a competitive examination and the continuation of the trial in such a “petty offence” could adversely affect their future, the counsel added.
The additional government advocate, representing the state government, noted the absence of a criminal history but added that certain places had been notified as not permitted for the performance of namaz to maintain law and order, Live Law reported.
The two students deliberately insisted on performing namaz at the restricted place, the state government alleged, adding that this violated instructions issued by the local administration to maintain the peace and harmony of society.
In its order, the High Court noted that citizens had been guaranteed the right to follow their faith and beliefs in the democratic and secular set-up of the country, the legal news outlet reported. x
However, taking into account 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”, it added.
Such compliance was in the larger interest of the society to maintain law and order as well as peace and harmony among citizens, the judge said.
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