The Allahabad High Court while refusing to quash the FIR against the AIMIM President for allegedly trying to enter a Mosque located inside the Police Lines premises in Pratapgarh to offer namaz observed that the campus of the police line is a sensitive place where the Armory, District Wireless Control Room Cyber Control Room, etc. are situated, and therefore, the public at large should not be allowed in the premises without valid permission of Superintendent of Police of the District.
Brief Facts:
The present petition was filed by the petitioner, district President of AIMIM, who was booked in a criminal case following a clash with Pratapgarh policemen who refused him to offer Friday prayers at a mosque located on the Reserve Police Lines campus. It was alleged that the accused persons tried to enter the police line by raising several slogans and also made skirmishes with the police personnel while insisting on offering Namaz in the mosque situated in the police line campus.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the impugned proceeding was initiated on the basis of concocted facts and the charge sheet was submitted by the Investigating Officer in the most mechanical manner under Sections 332, 353, 504, 447, 153B I.P.C. and Section 7 of Criminal Law Amendment Act, 1932. He further submitted that provisions of Act, 1932 are not applicable in district Pratapgarh as there is no notification related to the implementation of the aforesaid Act. He further submitted that no sanction order was obtained from the Competent Authority before filing the aforesaid charge sheet for the offence under Section 153B I.P.C., which is mandatory, on which the trial court has taken cognizance. It was also contended that for a long time, people working near the police line have been offering Namaz in the mosque situated in the police line campus by taking necessary precautions and hence, there was no reason for the policemen to stop him from entering the police line premises. Lastly, it was argued that since the mosque is situated in the police line, people should not be deprived of offering the prayer of Jumma in the said mosque.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent opposed the prayer of the applicant and submitted that the mosque constructed in the police line premises cannot be allowed to the public for offering Namaz/prayer, for the reason that arms and ammunition of the police personnel are being stored in Armory in the police line, moreover, District Wireless Control Room is also situated there and due to several other security reasons, without appropriate permission, public at large cannot be allowed to enter in the police line campus. He further submitted that as per the prosecution case, regularly, the Guards are being deployed at the gates of the police line and only with the permission of the guard, the persons are being allowed to enter the premises.
Observations of the court:
The court noted that by way of Gazette Notification dated 19.06.1968, the provisions of Section 7 of Act, 1932 are applicable in all districts of Uttar Pradesh with effect from the date of publication of the notification in the Official Gazette, and as the same has already been published in the Official Gazette on 19.06.1968, therefore, the ground of applicant that the provisions of Act, 1932 is not applicable in the District Pratapgarh has no legs to stand.
Regarding the argument of non-grant of sanction before filing the chargesheet under Section 153B IPC, the Court noted that the Superintendent of Police, Pratapgarh had decided to further investigate the case in question, and he informed the HC that he would take all care and precautions for further investigation of the case in question in just and fair manner. Further, it was stated that merely on the ground that the sanction was not taken by the Investigating Officer from the competent authority and submitted the charge sheet to the Court concerned, on which the court has taken cognizance, the charge sheet, as well as cognizance order, cannot be said to be bad in the eyes of law, therefore, this Court is of the view that the present application is misconceived and liable to be dismissed.
It was further observed that the campus of the police line is a sensitive place where the Armory, District Wireless Control Room Cyber Control Room, etc. are situated, therefore, the public at large should not be allowed on the premises without valid permission from the Superintendent of Police of the District.
The decision of the Court:
The court dismissed the application and directed the Superintendent of Police, Pratapgarh to ensure that the further investigation of the case in question be completed as early as possible and submit a report before the Court concerned.
Case Title: Israr Ahmad vs State of U.P
Coram: Hon’ble Mr. Justice Rajeev Singh
Case No.: APPLICATION U/S 482 No. - 8877 of 2023
Advocate for the Petitioner: Mr Gyanendra Singh, Ajmal Khan, Javed Khan
Advocate for the Respondent: G.A.
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