Allahabad High Court Mandates 24/7 Armed Security for Bareilly Resident in Namaz Dispute
The Allahabad High Court has issued a significant order directing round-the-clock armed security for a resident of Bareilly, Haseen Khan, following his allegations that he was prevented from offering Namaz at his private property in Mohammad Ganj village. The court's decision comes amid fears of potential demolition and threats against Khan, with the bench explicitly stating that any incident of violence affecting Khan or his property shall be prima facie understood to have been at the instance of the state, though this presumption is open to rebuttal.
Court Records Allegations of Coercion and Threats
A division bench comprising Justices Atul Sreedharan and Siddharth Nandan passed this protective order on Wednesday after meticulously recording Khan's statement. In his testimony, Khan alleged that police officials had forcibly made him put a thumb impression on a document without disclosing its contents. Furthermore, he claimed that certain individuals had warned him that his property would face demolition if he did not testify as directed. The court has incorporated this statement into its official order, underscoring the gravity of the allegations.
Emphasizing the need for immediate protection, the high court stated, "He has appeared before this court and stated that his family and property may be protected. This court directs that two armed guards shall protect him 24/7 till this court decides otherwise." The court has now scheduled the writ petition, filed by another Bareilly resident, Tarik Khan, for final orders on March 23.
Background: High Court's Earlier Ruling on Private Prayer Rights
This development follows a landmark ruling by the Allahabad High Court on January 27, which affirmed that individuals do not require permission to pray on private premises, citing the fundamental right to freedom of religion under Article 25 of the Constitution. The court had considered the Uttar Pradesh government's submission that no such legal permission is necessary. It clarified that this right applies as long as religious gatherings are conducted within the property boundaries, a decision made in response to petitions from Maranatha Full Gospel Ministries and Emmanuel Grace Charitable Trust.
Alleged Non-Compliance and Contempt Proceedings
Despite this clear verdict, authorities in Bareilly recently took action against a group of Muslims for offering prayers on the rooftop of a private house. The residents had approached local officials for permission to hold prayers inside the property, particularly during the month of Ramzan, but allegedly received no response. In light of this, Tarik Khan moved the high court, accusing the authorities of non-compliance with the January 27 ruling.
The court initially issued a notice under the Contempt of Courts Act to District Magistrate Avinash Singh and Bareilly SSP Anurag Arya. In the present order dated March 11, the high court has further directed both officials to appear before the court at the next hearing on March 23. The court issued a stern warning, stating that if the contemnors fail to appear, it will secure their presence through a non-bailable warrant, highlighting the seriousness with which it views the alleged defiance of its earlier judgment.
