Allahabad High Court Bars Large Namaz Gatherings at Private Residence in Bareilly, Withdraws Security Granted to Petitioner
By Rajesh Pandey
In a significant development balancing individual religious freedom with maintenance of public order, the Allahabad High Court has directed that large congregations for offering Namaz should not be held at a private residence in Bareilly, observing that such gatherings may pose a risk to public peace and tranquillity in the locality.
The direction came in a case involving a Muslim man who had earlier approached the High Court alleging that he was being prevented from offering Namaz inside his own house.
The court had initially granted security to ensure that the petitioner could exercise his religious rights peacefully.
However, during subsequent proceedings, the State informed the court that the protection granted by the court was allegedly being misused for organising large gatherings, leading to concerns over potential law and order issues.
The Division Bench comprising Justice Saral Srivastava and Justice Garima Prashad, in its order dated March 25, recorded the undertaking given by the petitioner’s counsel that no large gathering of persons would be organised for offering Namaz at the property which is the subject matter of the dispute.
How the Dispute Began
The matter originated when the petitioner, Haseen Khan, claimed that he had been obstructed from offering Namaz inside his private residence in Bareilly district of Uttar Pradesh.
Alleging interference with his right to practice religion, he moved the High Court seeking protection from the authorities.
Taking note of the grievance, the court had earlier directed local authorities to ensure that the petitioner was not unlawfully prevented from offering prayers inside his home.
Security was granted to prevent any breach of the peace and to ensure that the petitioner’s rights were not curtailed.
However, during the course of proceedings, the State authorities submitted that the protection order was allegedly being used as a shield to hold large congregations at the property.
State’s Submission Before the Court
Appearing for the State, Additional Advocate General Anoop Trivedi informed the court that between 52 and 62 persons were allegedly gathering daily at the petitioner’s residence to offer Namaz.
To support the claim, the State placed photographs on record along with affidavits submitted by the District Magistrate and Senior Superintendent of Police of Bareilly, who appeared before the court in compliance with earlier directions.
The State argued that permitting such large assemblies at a private residence could disturb communal harmony and public order in the locality.
It was submitted that if such practices continued, authorities may be compelled to intervene to prevent any possible disruption of peace.
The State also contended that the protection granted by the court cannot be used as a means to facilitate large public gatherings under the guise of individual religious rights.
Court’s Observations and Directions
Taking note of the submissions made by the State and the assurance given by the petitioner’s counsel, the Division Bench observed that it expected the petitioner to abide by the undertaking not to assemble large numbers of people at the property for offering Namaz.
The court clarified that if the undertaking is violated and large gatherings take place, which threaten peace and tranquillity in the area, the authorities would be free to take action in accordance with the law.
The court observed:
“We hope and trust that the petitioner shall abide by the undertaking given by him. In case the petitioner collects a large number of persons to offer Namaz at the property and there is any threat to peace and tranquility, the authorities are at liberty to act in accordance with law.”
Withdrawal of Security and Closure of Proceedings
During the hearing, the petitioner’s counsel also submitted that Haseen Khan no longer required the security that had earlier been granted by the High Court.
Accepting this submission, the court directed the State authorities to withdraw the security provided to the petitioner.
The court also ordered the withdrawal of a police challan dated January 16, 2026, which had been issued against the petitioner and others.
Additionally, the court discharged the contempt notice earlier issued to the Bareilly District Magistrate and Senior Superintendent of Police after noting their compliance with the court’s directions and submission of personal affidavits.
With these directions, the High Court disposed of the writ petition filed by Tarik Khan.
Significance of the Order
The ruling highlights the judiciary’s attempt to maintain a balance between the fundamental right to practice religion and the responsibility of the State to ensure public order and communal harmony.
The High Court reaffirmed that while individuals are free to practice their faith within their homes, such liberty cannot be extended to activities that may potentially disrupt peace or create law and order concerns.
The decision underscores the principle that fundamental rights must be exercised within the framework of public order, morality and law.
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