Particle.news
Download on the App Store

Allahabad High Court Reaffirms Right to Pray on Private Property, Orders UP to Protect Worshippers

The bench clarified that Article 25 is faith‑neutral and does not shield speech or conduct that incites communal tension.

Overview

  • In a March 16 order disposing of the Sambhal case, the court said the structure is not a mosque at present but directed that devotees face no obstruction in offering prayers there.
  • The state must take cognisance of objections to prayers on private property and provide security to the place and worshippers when required.
  • There can be no impediment or embargo on prayers or religious functions conducted within private premises regardless of the faith involved.
  • Judges rejected the state’s explanation that a recorded cap of 20 worshippers had “crept in” and earlier warned local officials that maintaining law and order is their duty.
  • Relying on the Maranatha Full Gospel Ministries precedent, the court reiterated that private prayer meetings need no prior permission and that incitement or acts vitiating public order fall outside Article 25 and may attract criminal law.