Court mandates adherence to undertaking by petitioner to maintain peace, directs state to withdraw unnecessary security measures.
In a significant ruling, the Allahabad High Court has directed the immediate withdrawal of a challan issued against Tarik Khan and others, in addition to rescinding the security provided to an individual named Haseen Khan. The court's decision comes in response to a writ petition concerning the gathering of a large number of persons for offering Namaz at a disputed property in Bareilly.
The division bench, comprising Justices Saral Srivastava and Garima Prashad, presided over the case, which was marked by concerns over potential disturbances to peace and tranquility in the area. The petitioner, Tarik Khan, had been accused of assembling 52-62 individuals daily for prayers, allegedly misusing the protection granted by the court.
In its judgment, the court emphasized the importance of adhering to the undertaking provided by the petitioner. Tarik Khan had assured the court that he would refrain from gathering a large number of people for Namaz at the contentious property. The court stated that any breach of this undertaking, which threatens the peace and tranquility of the area, would empower state authorities to act in accordance with the law.
During the proceedings, affidavits from the District Magistrate and Senior Superintendent of Police, Bareilly, were reviewed by the court. These affidavits suggested that the petitioner was indeed hosting large gatherings under the guise of court protection. In response, the state's legal representative, Additional Advocate General Anoop Trivedi, argued that such gatherings could not continue as they posed a potential risk to law and order.
The court took these concerns into account, highlighting the state's obligation to maintain peace. It underscored that the petitioner must comply with his undertaking to prevent any possible disturbance. Additionally, the court discharged contempt notices issued earlier in the case.
Furthermore, the withdrawal of security for Haseen Khan was ordered after the petitioner's counsel, Rajesh Kumar Gautam, indicated that such measures were unnecessary.
With these directives, the Allahabad High Court disposed of the writ petition, reinforcing the balance between individual rights and community peace.
Bottom Line:
Writ Petition - Undertaking by petitioner not to gather large number of persons for offering Namaz at the disputed property - Court directed State Authorities to withdraw challan and security provided to another individual - Authorities allowed to act in case of breach of undertaking threatening peace and tranquility.
Statutory provision(s): Writ Petition.
Tarik Khan v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2875882
