Allahabad High Court Summons Bareilly DM and SSP Over Alleged Obstruction of Namaz at Private Residence
The Allahabad High Court on Monday directed the District Magistrate (DM) and Senior Superintendent of Police (SSP) of Bareilly to personally appear before the court on March 25 in connection with a petition alleging that authorities prevented the performance of Namaz inside a private residence.
The direction was issued by a Division Bench comprising Justice Saral Srivastava and Justice Garima Prashad while hearing a plea filed by Tarik Khan, a resident of Bareilly.
According to the petitioner, the local authorities did not permit the offering of Namaz within the confines of his house on January 16, raising concerns about the alleged infringement of his fundamental right to practice religion freely.
The matter has drawn judicial attention, particularly in light of earlier court observations affirming that religious prayers conducted within private premises generally do not require prior permission from the state authorities, provided such activities do not extend into public spaces or cause disruption to public order.
During the hearing on Monday, Additional Advocate General Anup Trivedi, representing the state, informed the court that there had been no interference by the administration in the performance of Namaz at the petitioner’s residence.
He submitted that approximately 50 individuals have been regularly offering Namaz at the location, indicating that the authorities had not imposed any restriction on religious practices inside the private property.
The case has its background in an earlier order dated February 12, when a Division Bench had granted time to the state counsel to obtain instructions and had issued notices to the Bareilly DM and SSP under the Contempt of Courts Act.
The notice was issued on the allegation that authorities had failed to comply with the court’s order dated January 27, 2026, in the matter of Maranatha Full Gospel Ministries vs. State of U.P. and Others.
In the Maranatha Full Gospel Ministries case, the High Court had clarified the legal position regarding religious activities within private premises.
The court had observed that individuals are entitled to conduct prayers within their own property according to their convenience without requiring prior approval from the government.
However, the court had also emphasized that if such religious gatherings extend onto public roads or public property, the organizers must inform the police authorities and obtain any permissions required under the law.
Taking into account the submissions made by both sides, the High Court directed the state counsel to specifically address whether there had been any violation of the petitioner’s fundamental right to freedom of religion as guaranteed under the Constitution.
The court noted the stand taken by the authorities that they had not interfered in the offering of Namaz, but deemed it appropriate to seek clarification through the personal presence of the concerned officials.
The matter has now been listed for further hearing on March 25, when the District Magistrate and Senior Superintendent of Police, Bareilly, are expected to appear before the court and assist in resolving the issues raised in the petition.
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