HC allows religious congregation Waqf imambada masjid says the state cannot deny right of petitioner to hold Majlis [Read Judgment]

Allahabad high court allowed the petitioners to hold Majlis(10-day religious congregation) ordering the state government and other respondents not to create any hindrances and said “none of the conditions are presently enabling the State to deny the rights of the petitioner to hold the Majlis”

The petition was filed by the Waqf Imambada Masjid Meer Imam Ali Mehdi Begum against the respondents, who without any order being passed was not allowing the petitioner to hold the Majlis. The majlis is a religious congregation that is held regularly for a 10-day period which was to be held from 30/09/2020 till 9/10/2020 this year. The petitioners alleged that the Shia Waqf board requested police arrangements and further permissions for the Majlis to be held and were granted the same on 21/08/2020.but despite the order being passed the respondent were not allowing the petitioner to hold the congregation.

The counsel for the petitioner argued that no written order or communication had been passed against them by the government and they were orally informed that the permission for majlis cannot be granted by the authorities. The counsel cited the state government notification which allowed religious gatherings after 21 September under ‘unlock-4’ guidelines. The petitioner also argued that such restraint will be in violation of their fundamental rights under Article 19(2) and Article 25 of the Indian constitution and since the congregation was allowed under the ‘unlock-4’ guidelines by the government there was no foundation or apprehension of any disturbance of any public order, morality or health.

The court recognized the fundamental rights of the petitioner guaranteed under article 19 and article 25 of the constitution of India and no written order passed against the congregation and such restraint via oral communication was in violation of such rights. The court said, “we have no hesitation in holding that the action of the State is not allowing the holding of the Majlis, that too without any orders being passed, is clearly arbitrary and without any authority of law.” The court directed the respondents not to create any hindrances in the petitioner’s holding of the Majlis but also ordered the authorities to ensure compliance of norms such as social distancing, mask-wearing, and sanitization, etc.

Read Judgment @Latestlaws.com