Allahabad HC quashes case against two students booked for reading namaz at restricted site

The Allahabad High Court has quashed transgression proceedings against 2 students accused of offering namaz astatine a spot barred by the section administration.

A azygous Judge Bench of Justice Saurabh Srivastava acceptable speech the proceedings arising retired of an FIR lodged nether sections 143 (member of unlawful assembly) and 188 (orders duly promulgated by authorities officials) of the IPC, observing that the accusation of the applicants "who had nary transgression history" was not justified.

A tribunal successful Sant Kabir Nagar had taken cognisance of the alleged offences and issued a summoning bid against the 2 students successful May 2019.

Counsel for the applicants submitted that the 2 were simply students with nary anterior transgression grounds and had been implicated solely for intending to execute namaz successful accordance with their faith.

It was besides argued that 1 of them was preparing for a competitory exam and continuation of proceedings successful specified a "petty offence" could adversely impact his future.

Opposing the plea, the further authorities advocator acknowledged the lack of transgression past but contended that definite locations had been notified arsenic prohibited for offering namaz to support instrumentality and order.

The State submitted that the applicants knowingly insisted connected speechmaking namaz astatine the restricted tract and violated administrative instructions meant to sphere bid and harmony.

The tribunal observed that successful a antiauthoritarian and secular country, citizens of each religion are guaranteed the close to travel their beliefs and rituals. However, it underlined that successful a socially divers society, directions issued by the section medication indispensable beryllium followed successful the larger involvement of communal harmony and instrumentality and order.

The Bench noted that the prosecution of the 2 applicants, peculiarly successful the lack of immoderate transgression antecedents, was unjustified and could adversely interaction their future.

In its bid dated February 17, the tribunal quashed the proceedings lone successful respect of the 2 applicants.

At the aforesaid time, it warned them to strictly travel immoderate instructions oregon circumstantial restraints issued by the section administration.