The Allahabad High Court took a strong view of restrictions imposed by Sambhal district authorities on the number of worshippers at a mosque, stating that officials responsible for maintaining law and order should step down if they feel incapable of doing so.
The court told the Sambhal Superintendent of Police and the District Magistrate to either resign or seek a transfer if they believe they are not competent to enforce the rule of law.
A division bench of Justices Atul Sreedharan and Siddharth Nandan, in an order passed on February 27, had said it is the State’s duty to ensure that members of every community can offer prayers peacefully at designated places of worship. The bench noted that if the place of worship is on private property, devotees can conduct prayers without seeking permission from the State. The court reiterated that State intervention is required only when prayers or religious events are held on public land or extend onto public property.
The court was hearing a petition filed by Munazir Khan, who alleged that he was prevented from offering prayers during Ramzan at a site where a mosque exists. The State’s counsel, however, questioned the petitioner’s claim and disputed the ownership of the land.
Authorities had allowed only 20 people to offer namaz at the site, while the petitioner sought permission for a larger number of worshippers to pray within the premises during the month of Ramzan.
The State’s counsel told the court that the restriction was imposed due to concerns over a possible law-and-order situation. The bench rejected this argument, saying the State must ensure that the rule of law prevails in all circumstances.
The court further observed that if local officials believe a law-and-order problem could arise and therefore restrict the number of worshippers, it reflects their inability to maintain order. In such a case, the Superintendent of Police and the Collector should either resign or seek a transfer from Sambhal.
The State also informed the court that revenue records show the land in the names of Mohan Singh and Bhooraj Singh, sons of Sukhi Singh.
The petitioner, meanwhile, did not submit photographs of the alleged mosque or prayer site and sought time to place them on record.
After hearing both sides, the bench scheduled the next hearing for March 16. It allowed the State time to seek further instructions and permitted the petitioner to file a supplementary affidavit with photographs and revenue documents to establish where the namaz is proposed to be offered.
The development comes after a video surfaced from a peace committee meeting in Sambhal in which Circle Officer Kuldeep Kumar was heard making controversial remarks about the ongoing conflict between Iran and Israel. In the clip, he reportedly said that those troubled by the war could board a plane being sent to bring back Indians stranded in Iran, travel there, fight from Iran’s side and return.
He also warned that if the conflict between the two countries begins to affect law and order in India, authorities would deal with the situation firmly. Kumar further said no slogans, placards or chants against any country should be raised during Alvida or Friday prayers, stressing that international disputes should not disturb communal harmony in the country.
The officer said police would identify those responsible for posters or provocative slogans and take action. He appealed to residents to maintain peace and not allow individuals to spread tension for social media publicity, adding that even one mischief-maker can disturb the atmosphere in a locality.
Meanwhile, Asaduddin Owaisi, president of All India Majlis-e-Ittehadul Muslimeen, criticised the remarks, saying a police officer has no authority to dictate how citizens express themselves in a democracy. He said freedom of expression is protected under Article 19 of the Constitution and questioned why people should be stopped from raising concerns about foreign policy issues.
