The Allahabad High Court has quashed criminal proceedings against two students who were accused of offering namaz at a site declared restricted by the local administration in Uttar Pradesh’s Sant Kabir Nagar district.
A single-judge bench of Justice Saurabh Srivastava set aside the case registered under Sections 143 (unlawful assembly) and 188 (disobedience to order duly promulgated by a public servant) of the IPC. The court observed that the two applicants had no prior criminal history and their prosecution was not justified.
The FIR was lodged in 2019 after the students allegedly insisted on offering namaz at a location that had been notified as prohibited in order to maintain law and order. A local court had taken cognisance of the matter and issued a summoning order in May 2019.
Counsel for the students argued that they were merely following their religious faith and had no intention of disturbing peace. It was also submitted that one of them was preparing for competitive examinations and that continuing criminal proceedings in what was described as a “petty offence” could severely affect his future career prospects.
The state opposed the plea, maintaining that certain places had been restricted to prevent communal tension and preserve harmony. It argued that administrative instructions must be respected in a socially diverse society.
In its February 17 order, the High Court noted that India, being a democratic and secular country, guarantees citizens the right to practice their religion. At the same time, it emphasised the importance of complying with lawful administrative directions aimed at maintaining public order.
While quashing proceedings against the two students, the court cautioned them to strictly adhere to any future instructions issued by the local authorities.
