The Allahabad High Court has ruled that public land cannot be exclusively used by any individual or group for religious activities, including offering Namaz, stating such use must respect public order and the rights of others.

A Division Bench of Justice Saral Srivastava and Justice Garima Prasad made the remarks when dismissing a petition by Asin, a resident of Ikauna under Gunnaur Tehsil in Sambhal district, who sought relief regarding the use of land for Namaz.

The Court clarified that “public land cannot be unilaterally used by any single party for religious purposes,” emphasising that all individuals hold equal rights to such property and exclusive use is not legally permissible.

Referring to earlier rulings, including Munazir Khan vs. State of Uttar Pradesh and Others, the High Court noted that bona fide religious practices within private premises are protected from arbitrary interference, but this does not equate to “absolute carte blanche” for organised or regular collective religious activities.

The Court further observed that when such activities extend beyond private property and affect the public domain, the State is permitted to regulate them. “It cannot be interpreted that there is an unrestricted right to convert private premises into unregulated collective spaces for regular gatherings,” the bench added.

The Court stated that “the right to practice religion is subject to public order” and cannot infringe upon others’ rights. It also noted that even if the land were private, the petitioner would not be entitled to the relief sought.

In the present case, the Bench found the petitioner was not seeking to preserve a long-standing tradition but attempting to initiate regular collective gatherings with participants from inside and outside the village. Historically, Namaz at the site was offered only on specific occasions such as Eid, and any extension beyond this would not be protected and would be subject to regulation.