Karnataka HC grants conditional permission for prayers at home

The High Court of Karnataka has passed a conditional ad-interim order granting permission to a resident of Devalkanda village in Kundapur taluk of Udupi district to offer prayers at her house.

Justice Krishna S Dixit said the interim order would stand automatically rescinded if the conditions are violated and also said it is open to the police to video/audio record the activities of the congregation or celebration, without unnecessarily interfering with the prayers.

The petition was filed by Esthela Louis challenging the October 26, 2021, notice issued by the Station House Officer (SHO) of Kundapur police station, claiming that it violates her fundamental rights guaranteed under the constitution.

The police had claimed they have information that she has been calling people from outside for the purpose of prayers and preaching. The notice further said that it was found that she has been continuing such activities without a license from the police authorities, which is a violation of law. The police also asked her to submit relevant documents regarding the events.

In her petition, Esthela stated that she does not require police permission for conducting prayers in her house as the same comes under her religious rights. She claimed that pursuant to the police notice, she is not being allowed to offer prayers at home and the police warned of arresting her friends and relatives if they come visiting her. Esthela claimed that she had been holding prayers at her house for the past 11 years, between 11 am and 1 pm on Sundays and 10.30 am and 1 pm on every Fridays.

The court passed the interim order with conditions that there shall be no much congregation of the persons offering the prayer, so that the possible risk of spreading Covid-19 or Omicron is avoided, no disturbance or nuisance shall be caused to the neighbours and others due to such congregation nor any scope shall be given for the allegations of conversion activities.

"The above conditions are imposed to dispel the vehement submission of Additional Government Advocate that the area being communally sensitive, the congregation is likely to endanger peace and harmony and endanger law and order problem," Justice Krishna Dixit has observed in his order.

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