Court Emphasizes Constitutional Secularism and Future Prospects of Applicants
In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against two applicants, Azeem Ahmad Khan alias Abeem Ahmad and another, accused of performing Namaz at a location restricted by local administration orders. The proceedings were under Sections 143 and 188 of the Indian Penal Code, which pertain to unlawful assembly and disobedience to an order promulgated by a public servant, respectively.
The judgment, delivered by Justice Saurabh Srivastava, highlighted the absence of any prior criminal history on the part of the applicants, who are students with aspirations for higher education and competitive examinations. The court acknowledged the secular nature of the Indian Constitution, which guarantees citizens the freedom to practice their faith, while also stressing the need to adhere to administrative directives aimed at maintaining public order.
Justice Srivastava noted that the applicants were implicated due to their decision to perform Namaz at a site where such activities had been temporarily restricted by the local administration to maintain law and order. The court recognized the potential adverse impact of the ongoing criminal proceedings on the applicants' future prospects and deemed it unjust to continue with the charges.
In its decision, the court reinforced the principle that while citizens have the right to practice their religion freely, compliance with administrative measures designed to ensure peace and harmony is crucial. The court cautioned the applicants to heed any future instructions issued by local authorities.
The case, titled "State v. Jumman Khan," stemmed from an FIR lodged at PS- Khalilabad, District Sant Kabir Nagar. The proceedings included a charge sheet dated August 29, 2017, and a summoning order dated May 27, 2019, both of which have now been annulled by the court in respect of the applicants.
The ruling underscores the judiciary's role in balancing individual religious freedoms with the collective need for societal order, emphasizing the secular ethos enshrined in the Indian Constitution.
Bottom Line:
Quashing of criminal proceedings under Sections 143 and 188 IPC - Applicants implicated for performing Namaz at a place restricted by the local administration - No criminal history of applicants - Proceedings quashed considering the secular nature of the Constitution and the undue adverse impact on the future of the applicants.
Statutory provision(s): 143, 188 IPC
Azeem Ahmad Khan Alias Abeem Ahmad v. State of U.P., (Allahabad) : Law Finder Doc id # 2855972
