Prayagraj, May 13 The Allahabad High Court on Wednesday asked the Uttar Pradesh government counsel to file a counter affidavit on a writ petition seeking direction to the Kushinagar district magistrate to permit the petitioners to perform namaz on Bakrid on land adjacent to the Idgah in Nagar Parishad Hata, Kushinagar.
However, the court did not grant any interim relief to the petitioners at this stage and asked them to file a counter affidavit, fixing May 21 for the hearing on the matter.
The order was passed by a two-judge bench comprising Justices Saral Srivastava and Garima Prashad hearing a petition filed by Wajid Ali and two others.
The counsel for the petitioner submitted before the court that the DM is under a duty to grant necessary permission for offering namaz. He further contended that it is the fundamental right to perform namaz granted under Article 25 of the Constitution of India.
The court said that offering of namaz is a fundamental right but one cannot be permitted to offer it at a public place or at a particular place without any legal right.
