Resign If You Cannot Perform Your Duty”: Allahabad High Court Tells Sambhal SP, Collector Over Namaz Restrictions
(By Syed Ali Taher Abedi)
In a strongly worded order dated February 27, 2026, the Allahabad High Court rejected the Uttar Pradesh administration’s decision to cap the number of worshippers offering Namaz during Ramzan at a mosque in Sambhal district.
The Division Bench, comprising Justice Atul Sreedharan and Justice Siddharth Nath, underscored that preserving law and order remains the firm responsibility of the State, not a pretext to curtail religious freedoms.
The court made these pointed observations while adjudicating Writ Petition (C) No. 5996/2026, filed by Munazir Khan.
The petitioner alleged that local authorities were obstructing his efforts to conduct congregational prayers during the holy month of Ramzan on Gata No. 291, where he asserted the existence of a mosque.
Despite a historically large influx of devotees for Tarawih and other Ramzan prayers at the site, the district administration had permitted only 20 persons at a time a restriction the petitioner challenged as arbitrary and discriminatory.
Defending the measure, the State counsel invoked apprehensions of a potential law-and-order breakdown in the communally sensitive Sambhal region.
However, the Bench dismissed this justification outright, remarking that if the Superintendent of Police (SP) and District Magistrate (Collector) foresee such risks yet lack the capacity to enforce the rule of law, they must either tender their resignations or apply for transfers.
“Maintaining law and order is the bounden duty of the State,” the court observed, emphasizing that no curbs on worship can be imposed merely on perceived threats.
It further clarified that permissions for religious gatherings are mandated only when activities occur on public land, not private or dedicated worship sites.
The hearing also delved into a factual dispute over the property’s status. The State contested the petitioner’s claim, producing revenue records indicating that Gata No. 291 stands in the name of Mohan Singh and Bhooraj Singh, son of Sukhi Singh.
The court noted the petitioner’s failure to yet submit photographic evidence proving the site’s use as a mosque or place of worship for Namaz.
In response, Munazir Khan sought additional time to file photographs and supporting revenue documents, while the State requested instructions from higher authorities.
With both sides granted leeway, the matter has been listed for further hearing on March 16, 2026.
This interim development highlights the judiciary’s firm stance on balancing religious rights with administrative duties, amid ongoing tensions over worship sites in Uttar Pradesh.
[Read The Order Here]
