The Allahabad High Court has issued contempt notices to the district magistrate and SSP of Bareilly for allegedly preventing certain individuals, including the petitioner, from offering namaz inside a private property belonging to the latter.

A two-judge bench comprising Justices Atul Sreedharan and Siddhartha Nandan passed the order on February 12 on a petition filed by Tarik Khan from Bareilly.

The court directed that notices be issued to the two officials – the district magistrate and the senior superintendent of police – under the Contempt of Courts Act, 1971, for flouting the court's order dated January 27, passed in the case of Maranatha Full Gospel Ministries vs State of UP and 2 Others.

The bench posted the matter for March 11 as fresh in the top 10 cases.

In the Maranatha case, the court had observed, “Under the circumstances, the present writ petition is disposed of by observing that the petitioner has the right to conduct the prayer as per his convenience at his own private premises without any permission from the state government.

“However, if any occasion arises where it has to spill over the public road or public property, in such a situation, this court mandates that the petitioner shall at least intimate the police and take any requisite permission under the law, if required.”

The counsel for petitioner Tarik Khan, advocate Rajesh Kumar Gautam, told PTI, “On January 16, Bareilly police detained my client and others for allegedly offering namaz in an empty house without permission.” They were challaned under Section 170 of the BNSS, which pertains to arrest to prevent the commission of cognisable offences, Gautam said.

Tarik Khan moved the Allahabad High Court seeking a direction to the concerned officials not to create any hindrance or prevent him and others from offering namaz during the month of Ramzan, Gautam said.

Following the high court's order in the Maranatha case, the petitioner submitted a representation before the district magistrate (Ravindra Kumar) and the SSP (Anurag Arya), first personally on January 28 and then through registered post on February 2, seeking permission to offer namaz at the property during the month of Ramzan.

But despite the court's ruling in the Maranatha case, the officials kept the representations pending, Gautam said.

Khan then moved the high court, seeking a direction to the two officials to grant the requisite permission and not create any hindrance.

“It was argued that the prayers were confined strictly to private premises and that, as in the Maranatha case, my client required no approval to offer prayers,” the advocate said.

Taking a strong view of the matter, the bench has now directed that contempt notices be issued to the respondents – the DM and the SSP.

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