Lawstreet Journal

"Rights Under Articles 19(1) And 25 Denied Without Any Reasons": Allahabad HC Allows Majlis In Waqaf Imambada Masjid

Lawstreet Journal 7 Oct 2020 5:53pm

Image courtesy: Lawstreet Journal Judiciary "Rights Under Articles 19(1) And 25 Denied Without Any Reasons": Allahabad HC Allows Majlis In Waqaf Imambada Masjid

On Monday (6th September 2020), the Allahabad High Court granted permission to perform Majlis which is a religious congregation at the Waqaf Imambada Masjid but subject to Unlock 4 guidelines and after ensuring social distancing norms. This was heard by a bench of two judges- Justice Shashi Kant Gupta and Pankaj Bhatia. The order passed by them stated that “ The mandate of the article 19 is only subject to article 19(2) in respect of the rights guaranteed under Article 19(1) and the rights guaranteed under Article 25 are subject to public order, morality and health, none of the conditions are presently enabling the State to deny the rights of the petitioner to hold the Majlis, thus we have no hesitation in holding that the action of the state is not allowing the holding of the Majlis, that too without any order being passed is clearly arbitrary without any authority of law.”

A writ petition was filed seeking permission to perform Majlis which takes place for 10 days usually. In the present year i.e.2020, it was to be performed from 30th September to 9th October and the order was passed for this writ petition. However, the State Authorities were not granting the devotees permission to perform religious congregation in teeth of the provisions laid down in the Constitution.

It was argued by Senior Advocate S. Farman Naqvi that it is allowed under the Unlock-4 guidelines that up to 100 members can be allowed for religious congregations by the Central Government.… Continue Reading...


Tagged: Allahabad High Court  
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