The Allahabad High Court has quashed criminal proceedings against two students who were booked for allegedly offering namaz at a place prohibited by the local administration, holding that their prosecution was not justified in the absence of any criminal history.
A single-judge bench of Justice Saurabh Srivastava set aside the proceedings arising out of an FIR registered under Sections 143 (unlawful assembly) and 188 (disobedience to order duly promulgated by a public servant) of the IPC. The court also quashed the summoning order passed by a Sant Kabir Nagar court in May 2019.
The two applicants, both students, were booked for allegedly insisting on offering namaz at a site that had been notified by the local administration as a prohibited place for such religious activity in order to maintain law and order.
Their counsel argued that the applicants had no prior criminal record and were implicated merely for intending to perform namaz in accordance with their faith. It was also submitted that continuation of the trial in what was described as a “petty offence” could adversely affect the future of one of the applicants, who was preparing for competitive examinations.
The Additional Government Advocate acknowledged that the applicants had no criminal antecedents but contended that certain locations had been specifically restricted for offering namaz to preserve peace and communal harmony.
According to the State, the applicants were aware of the administrative prohibition and still insisted on offering namaz at the restricted site, thereby violating lawful directions.
The High Court observed that in a democratic and secular country, citizens of every faith are guaranteed the right to follow their beliefs and perform rituals. At the same time, it emphasised that in a socially diverse society, directions issued by the local administration must be followed in the larger interest of maintaining law and order and communal harmony.
However, the court found that prosecuting the two students, particularly when they had no criminal history, was not justified and could have a detrimental impact on their future.
By its order dated February 17, the court quashed the criminal proceedings and summoning order against the two applicants.
It also cautioned them to strictly comply with any instructions or specific restraints issued by the local administration in the future.
