The Allahabad High Court on Wednesday directed the Uttar Pradesh state government to file a counter affidavit regarding a writ petition that seeks permission to offer namaz on Bakrid at a piece of land adjacent to an Eidgah in the Hata Nagar Parishad area of Kushinagar district.
Court Hearing and Order
A division bench comprising Justice Saral Srivastava and Justice Garima Prashad issued the directive while hearing the petition filed by Kushinagar residents Wajid Ali and two others. The court, however, declined to grant any interim relief at this stage and scheduled the next hearing for May 21.
Petitioners' Argument
Counsel for the petitioners argued that the district magistrate is legally bound to grant the required permission for offering namaz. They emphasized that offering namaz is a fundamental right protected under Article 25 of the Constitution of India, which guarantees freedom of religion. The petitioners contended that the denial of permission violates their constitutional rights.
The court's order requires the state government to submit its response, allowing a detailed examination of the legal and factual issues involved. The case highlights the ongoing legal debates surrounding religious practices and the application of constitutional guarantees in public spaces.
