Court mandates security for Haseen Khan after safety concerns arise over religious activities on private property.
In a significant ruling, the Allahabad High Court has directed the provision of two armed guards for the continuous protection of Haseen Khan, a property owner whose premises have been used for religious prayers, specifically Namaz. This order comes in response to safety concerns raised by Khan, following incidents where his property was utilized for religious practices without proper permissions, leading to potential threats to his personal safety.
The bench, comprising Justices Atul Sreedharan and Siddharth Nandan, underscored the importance of Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty. The court highlighted that any act of violence against Haseen Khan or his property would be primarily attributed to the State, subject to rebuttal. This decision reflects the judiciary’s commitment to safeguarding individuals whose safety might be compromised due to religious activities conducted on their premises.
During the proceedings, the court recorded the statement of Haseen Khan, confirming his ownership of the house where Namaz was being offered. The court's inquiry revealed that permission was reportedly sought from all individuals present, including the property owner, on the day of the religious practice. However, the need for heightened security was deemed necessary to prevent any potential harm to Khan and his property.
Furthermore, the court took a stern stance on the issue of contempt, directing senior officials, including the District Magistrate and Senior Superintendent of Police of Bareilly, to appear in person at the next hearing. Failure to comply would result in the issuance of non-bailable warrants, emphasizing the court’s determination to ensure adherence to its orders.
The court has scheduled the next hearing for March 23, 2026, where final orders are expected to be delivered. Meanwhile, the Advocate General's office has been instructed to communicate the court's order to the relevant authorities to ensure immediate implementation of the protective measures for Haseen Khan.
This judgment underscores the judiciary's proactive approach in addressing conflicts arising from religious practices and the paramount importance of individual safety and property rights.
Bottom Line:
Protection of individuals and property in cases concerning religious practices - Court directed two armed guards for round-the-clock protection of the petitioner, Haseen Khan, whose property was used for religious prayers, until further orders.
Statutory provision(s): Article 21 of the Constitution of India, Contempt of Court provisions.
Tarik Khan v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2864685
