The Allahabad High Court on Wednesday ordered that two security guards be deployed round-the-clock to protect a Muslim man who alleged that he and some others were stopped from offering namaz on his private property in Uttar Pradesh’s Bareilly district.
The man, Haseen Khan, alleged that some people told him that his property in Mohammad Ganj village would be bulldozed if he did not make a statement in court as per their demands.
The court also recorded Khan’s statement that some police personnel allegedly made him place his thumb impression on a paper without explaining what was written on it.
On Wednesday, Khan urged the court to protect his family and property.
In response, a bench of Justices Atul Sreedharan and Siddharth Nandan directed that two armed guards be deployed to provide round-the-clock protection to Khan until further orders.
The bench added that any incident of violence against Khan or his property would be prima facie understood to have occurred “at the instance of the state”, though this would remain open to rebuttal.
On January 27, in an unrelated case, the Allahabad High Court held that no permission was needed for holding a religious prayer meeting on private property as long as the activity remains within private premises. The court had taken note of a statement by the Uttar Pradesh government that there was no such legal requirement.
Despite the court’s observations in the other matter, Khan alleged that he was picked up from his home and fined by the police for offering namaz, Live Law reported. A contempt petition was then filed before the High Court.
The court on Wednesday asked Additional Advocate General Anoop Trivedi whether officials had demanded that permission be sought for offering namaz on private property. To this, Trivedi said that all those present in the house, including the owner, were asked to seek permission.
The judges then directed District Magistrate Avinash Singh and Bareilly Senior Superintendent of Police Anurag Arya to remain present in court on the next hearing, which was scheduled for March 23.
The High Court had passed its January 27 order in response to petitions by Christian bodies Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust. It had then noted that religious gatherings form part of the fundamental right guaranteed under Article 25 of the Constitution, which deals with the freedom of religion.
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