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Allahabad: Public land cannot be used exclusively by any individual or group for religious activities, including offering Namaz, the Allahabad High Court has observed, saying that such use is subject to public order and the rights of others.

The division bench of Justice Saral Srivastava and Justice Garima Prasad made the observations while dismissing a petition filed by Asin, a resident of Ikauna under Gunnaur Tehsil in Sambhal district, who had sought relief in connection with the use of land for offering Namaz, as reported by ANI.

All individuals have equal rights over such property and its exclusive use is not legally permissible, the Court held, referring to earlier rulings, including the Munazir Khan vs State of Uttar Pradesh and Others case.

While bona fide religious practices within private premises are protected and cannot be subjected to arbitrary interference, such protection does not amount to “absolute carte blanche” for organised or regular collective religious activities, the Court noted.
When such activities extend beyond private boundaries and begin impacting the public domain, regulatory intervention by the state becomes permissible, the bench observed.

“It cannot be interpreted that there is an unrestricted right to convert private premises into unregulated collective spaces for regular gatherings,” it added.

The “right to practice religion is subject to public order” and cannot be exercised in a manner that infringes upon the rights of others, the Court held.

Even if the land were to be deemed private property, the petitioner would still not be entitled to the relief sought, the order said.

The petitioner was not seeking to preserve an existing long-standing tradition, but was attempting to initiate regular collective gatherings involving participants from within and outside the village, the bench observed.

Historically, Namaz at the concerned site was being offered only on specific occasions such as Eid, and that any expansion beyond this limited practice would fall outside the scope of protected activity and hence be subject to regulation, it noted.

The State has the authority to intervene where activities deviate from established traditions and impact public order, the Court said.

Religious freedom is not absolute and remains subject to the rights of others, the Court said. It also observed that if public land is illegally transferred and subsequently used to organise Namaz gatherings, such a sale deed would be considered illegal and not sustainable in law.