Public Order Over Private Rights: Allahabad HC Restricts Namaz Gatherings On Private Property
The Allahabad High Court ruled that private property rights cannot override public order, restraining large namaz gatherings at a Bareilly residence. Hearing a plea against restrictions during Ramzan, the court cited communal harmony concerns. It recorded the petitioner’s assurance to avoid crowds, withdrew challans, and warned of strict action for any breach of peace.
Reiterating that public order takes precedence over individual claims, the Allahabad High Court has held that private property rights cannot be invoked to justify activities that may disturb communal harmony. | File Pic
Prayagraj: Reiterating that public order takes precedence over individual claims, the Allahabad High Court has held that private property rights cannot be invoked to justify activities that may disturb communal harmony.
The court restrained the petitioner from allowing large gatherings for offering namaz on private premises.
Bench Warns Authorities Free to Act on Breach of Peace
The bench of Justice Saral Srivastava and Justice Garima Prasad observed that authorities are free to act in case of any breach of peace. The order came on a petition filed by Bareilly resident Tariq Khan.
Khan had challenged restrictions imposed on offering namaz on his private property during Ramzan and the challans issued against him for breach of peace. Earlier, the court had summoned the District Magistrate and Senior Superintendent of Police of Bareilly, who appeared in person in compliance with its directions.
State Argued Misuse of Provisions Under Security Guise
During the hearing, Additional Advocate General Anoop Trivedi, appearing for the state, argued that the petitioner was misusing provisions under the guise of security. The court was informed through affidavits that around 52 to 62 people were gathering on the petitioner’s premises for namaz, raising concerns over communal harmony and security.
The court emphasised that maintaining law and order is the primary responsibility of the administration and practices that threaten public peace cannot be permitted.
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Petitioner’s Counsel Assures No Future Large Gatherings
Following the court’s observations, counsel for the petitioner, Rajesh Kumar Gautam, assured the bench that no large gatherings would be allowed on the property for offering namaz in future.
Recording the undertaking, the court said it expected compliance but warned that any violation leading to crowd gatherings and disturbance of peace would invite strict action by the administration and police.
The court also directed authorities to withdraw the challans issued on January 16, 2026 against the petitioner and others. It quashed earlier contempt notices and ordered withdrawal of security earlier provided to Haseen Khan.
With these directions, the writ petition was disposed of.
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