Emphasising the constitutional protection of religious freedom, the Allahabad High Court observed that a person cannot be restrained from offering namaz or any other form of religious prayer peacefully within his or her private premises unless there exists a clear legal basis for such interference.
The Court clarified that unless public order is affected, interference with religious activities conducted on private property would be unjustified.
The order was passed by a Division Bench comprising Justice Shekhar B. Saraf and Justice Vivek Saran while disposing of a petition filed by Alisher and others.
According to the facts of the case, the petitioners offer namaz peacefully along with their family members and members of the local Muslim community at Waqf Masjid Raza, situated on a portion of their land in village Behta Javi, Bilsī Tehsil, district Badaun. However, administrative authorities were allegedly interfering with and obstructing the said prayers.
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Thereafter, the present petition was filed seeking directions to restrain the authorities from such interference and to ensure protection for the worshippers.
Appearing for the petitioners, counsel argued that there is no legal prohibition on conducting religious prayers within private premises. Reliance was placed on a judgment of a coordinate Bench of the High Court, wherein it was held that holding religious gatherings or prayers on private property falls within the ambit of fundamental rights and cannot be curtailed by arbitrary administrative action.
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Accepting the submissions advanced by the counsel, the Court found that the principles laid down in the earlier decision squarely applied to the present case as well.
Accordingly, the Court directed the concerned authorities not to interfere with the namaz or prayers being offered within the petitioners’ premises.
However, the Court adopted a balanced approach and clarified that if any situation affecting law and order arises on public roads or public property, the police would remain free to take appropriate action in accordance with law, as maintaining a balance between religious freedom and public order remains the responsibility of the administration.
Case: Alisher And Another vs State Of U.P. And 3 Others
Date of Order: 25.02.2026
Status: Disposed of
