Case against students who offered namaz at restricted site dropped

The Allahabad High Court has terminated the criminal case against two students who were accused of performing namaz in a place where the local administration had prohibited it.

The case was overturned by a single judge bench of Justice Saurabh Srivastava after an FIR was filed under sections 143 (member of unlawful assembly) and 188 (disobedience to municipal orders) of the IPC. The bench stated that the setting up of the two applicants "who had no criminal record" was totally uncalled for.

In Sant Kabir Nagar, the court had recognized the charges and directed the two students to appear before it in May 2019.

The attorney for the applicants argued that the two were just students without any previous record of crime and had been set up for actually performing namaz, which was their religious practice.

It was also argued that one of them was preparing for a competitive exam and continuation of trial in such a "petty offence" could adversely affect his future.

Opposing the plea, the additional government advocate admitted that the applicants had no criminal record but went on to say that certain places had been declared out of bounds for offering namaz so as to avoid any law and order problems. The state argued that the applicants deliberately defied the authorities' request not to say namaz at the site and thereby infringed on the peacekeeping measures that had been issued.The court emphasized that in a democratic and secular country, all citizens, including those of minority faiths, belong to their religious rights and practices. But, it also mentioned that in a heterogeneous society, it is most beneficial for public order and harmony that people obey the directives of the local authorities.

The bench considered it was almost unfair that the two applicants were brought to court, especially since they had no previous records of crime, and this action might severely impact their future.

 The court in its order dated February 17, had only reversed the proceedings against the two applicants.

At the same time, it warned them to strictly follow any instructions or specific restraints issued by the local administration.