Allahabad High Court quashes case against 2 students booked for offering Namaz at restricted site, issues warning

The court, therefore, cautioned the two students to adhere to any future instructions or restrictions issued by the local administration in the interest of maintaining law and order and communal harmony.

Background

• After conducting detailed investigation over the charge sheet submitted by the concerned investigating officer, prima facie considering that offence is made out, the judicial magistrate, Sant Kabir Nagar took cognizance of offence by way of summoning the two students.
• Feeling aggrieved by registration of the case, including the chargesheet and the summoning order, the two students approached the high court.
• Senior counsel appearing for the accused persons submitted that the applicants had no criminal history and that they were students.
• It was argued that the implication of the applicants was only on the basis of certain restrainment to perform Namaz in shape of worship of their own faith and belief but considering the law and order of the said place, they denied the suggestion made by concerned administration and deliberately performed Namaz over the same place which was not allowed by the administration.
• The senior counsel further informed the court that the sections in which the applicants were implicated were for petty offences
• It was submitted that if the trial continues then the same may adversely affect the future of the applicants.

Court’s observations

• On a previous occasion, the additional government advocate (AGA) came up with the specific instructions, in respect of the applicants that there is hardly any criminal history credited in their favour.
• Considering the maintenance of law and order, certain places were notified as not allowed to perform namaz to the society to which applicants belong.
• However, in violation of the same instructions which have been issued by local administration to maintain peace and harmony of the society, both the applicants deliberately insisted to perform Namaz over the same place which culminated into lodging FIR.
• AGA already informed that there is hardly any criminal history credited against the two applicants and implication only on the basis of intention to perform Namaz over the same place which was not allowed for the time being by the administration, is hampering the future of applicant no. 1 and is unjustified for implicating applicant no. 2.
• In the democratic set up of this country, which is secular in nature as per preamble of the constitution citizens of every faith, belief of different caste, creed and religion has been given guarantee to follow their faith and belief as per their own rituals.
• However, at the same time, considering the mixed culture of the society, certain yardstick and the suggestions in shape of direction issued by the local administration has to be followed by citizen of the country which is in the larger interest of the society for maintaining law and order as well as peace and harmony amongst the local resident.
• Considering the arguments, the entire proceeding under sections 143 and 188 of IPC, comprising charge sheet and summoning order, are hereby quashed and set aside only in respect of applicants herein but both the applicants are hereby warned to follow the instructions and the specific restrainment, if issued by the local administration in future which is always in the interest of the society at large for performing rituals of their own faith and belief in shape of worship as per their own custom.