‘Resign or seek transfer’: Allahabad HC rejects UP govt’s 20-worshipper limit at Sambhal mosque

The Allahabad High Court on Saturday strongly criticised the Uttar Pradesh administration for restricting the number of worshippers allowed to offer namaz at a mosque in Sambhal during the holy month of Ramzan. The court dismissed the administration’s decision to permit only 20 worshippers inside the mosque, calling the justification based on potential law and order concerns unacceptable.

A division bench comprising Justices Atul Sreedharan and Siddharth Nandan was hearing a petition filed by Munazir Khan, who alleged that he was prevented from offering prayers at the mosque located at Gate No. 291. The petitioner claimed that authorities had restricted entry despite the ongoing Ramzan prayers.

During the hearing, the bench outrightly rejected the state’s argument that the limit was imposed due to a perceived risk of law and order problems. The judges stated that maintaining public order is the responsibility of the administration and cannot be used as a reason to restrict religious worship at a designated place of prayer.

The court further observed that if the Superintendent of Police and the district administration believed they were unable to manage the situation, they should either resign from their posts or seek a transfer outside Sambhal. The bench emphasised that it is the state’s duty to ensure that the rule of law prevails and that communities are able to practice their faith peacefully.

The court also reiterated that permission from the state is necessary only when religious activities take place on public land or extend into public property. Since the dispute also involves questions regarding the ownership of the land where the mosque is located, the petitioner has been asked to submit photographs and revenue records, while the state has been directed to respond before the next hearing scheduled for March 16.