UP: Ban on Gathering to Offer Namaz at Private Premises; Administration Free to Take Action in Case of Breach of Peace

April 1, 2026

Passing a significant order, the Allahabad High Court has clarified that public order and peace cannot be jeopardized under the guise of personal security and private property rights. The Court has restrained the petitioners from congregating a crowd to offer Namaz (prayers) on private property.

Furthermore, it stated that the administration is at liberty to take action should public order be disrupted. This order was delivered by a Division Bench comprising Justice Saral Srivastava and Justice Garima Prasad, acting upon a petition filed by Tariq Khan.

The petitioner, Tariq Khan, a resident of Bareilly, had filed a petition challenging the prohibition on offering Namaz on private property during the month of Ramadan, as well as the issuance of challans (fines/notices), citing a breach of peace. In connection with this matter, the Court had summoned the District Magistrate (DM) and the Senior Superintendent of Police (SSP) of Bareilly.

In compliance with the Court’s previous order, the District Magistrate and the Senior Superintendent of Police of Bareilly appeared personally before the Court. During the hearing, Additional Advocate General Anoop Trivedi, representing the State government, apprised the Court that the petitioner was misusing regulations under the pretext of seeking security.

Through affidavits and documentary evidence, the Court was informed that between 52 and 62 individuals were gathering daily on the petitioner’s private property to offer *Namaz, thereby posing a risk to the communal harmony and security of the region. Maintaining law and order is the primary duty of the authorities, and practices that disrupt public peace cannot be permitted to continue.

In light of the Court’s firm stance, the petitioner’s counsel, Rajesh Kumar Gautam, assured the Court that large crowds would not be gathered on the said property for Namaz in the future. Taking this undertaking on record, the High Court expressed its expectation that the petitioner would abide by his promise.

However, the Bench sternly warned that should this undertaking be violated—and if crowds are gathered under the pretext of Namaz in a manner that disturbs the peace of the region—the District Administration and the Police would be fully at liberty to initiate strict action in accordance with the law.