Allahabad HC quashes case against two students booked for reading namaz at restricted site

The Allahabad High Court has quashed criminal proceedings against two students accused of offering namaz at a place barred by the local administration.

A single Judge Bench of Justice Saurabh Srivastava set aside the proceedings arising out of an FIR lodged under sections 143 (member of unlawful assembly) and 188 (orders duly promulgated by government officials) of the IPC, observing that the implication of the applicants “who had no criminal history” was not justified.

A court in Sant Kabir Nagar had taken cognisance of the alleged offences and issued a summoning order against the two students in May 2019.

Counsel for the applicants submitted that the two were merely students with no prior criminal record and had been implicated solely for intending to perform namaz in accordance with their faith.

It was also argued that one of them was preparing for a competitive exam and continuation of trial in such a “petty offence” could adversely affect his future.

Opposing the plea, the additional government advocate acknowledged the absence of criminal history but contended that certain locations had been notified as prohibited for offering namaz to maintain law and order.

The State submitted that the applicants knowingly insisted on reading namaz at the restricted site and violated administrative instructions meant to preserve peace and harmony.

The court observed that in a democratic and secular country, citizens of every faith are guaranteed the right to follow their beliefs and rituals. However, it underlined that in a socially diverse society, directions issued by the local administration must be followed in the larger interest of communal harmony and law and order.

The Bench noted that the prosecution of the two applicants, particularly in the absence of any criminal antecedents, was unjustified and could adversely impact their future.

In its order dated February 17, the court quashed the proceedings only in respect of the two applicants.

At the same time, it warned them to strictly follow any instructions or specific restraints issued by the local administration.