Govt can’t restrict number of worshippers in mosque: Allahabad High Court

The Allahabad High Court has quashed the order of the Sambhal district authorities restricting the number of worshippers to twenty in a mosque during the Muslim holy month of Ramzan stating that it is the duty of the state to ensure that the rule of law prevails under every circumstance and the district police chief and the district magistrate should resign or seek transfer if they feel they are not competent enough to maintain law and order.

A division bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan gave the ruling recently on a petition filed by one Munazir Khan challenging the Sambhal district administration’s order to limit the number of worshippers in a mosque to 20 during Ramzan.

‘’We out rightly reject the contention put forth by the counsel for the State. It is the duty of the State to ensure that the rule of law prevails under every circumstance. If the local authorities i.e. Superintendent of Police and Collector feel that the law and order situation could arise because of which they want to limit the number of worshipers within the premises, they should either resign from their post or seek transfer outside Sambhal if they feel they are not competent enough to enforce the rule of law,’’ the court said.

‘’It is the duty of the State to ensure that every community is able to offer worship peacefully in the designated place of worship and if it is a private property as already been held by the Court earlier, to perform worship without any permission from the State. This Court has already decided that it is only where prayers or religious functions have to be held on public land or spill over the public property that the involvement of the State is essential and permission must be sought,’’ it added.

The counsel for the State said that on account of perceived law and order situation such an order restricting the number of worshipers has been passed.