Dismissing a man’s petition seeking directions to the Sambhal District Magistrate (DM) to allow him to offer namaz on his private land, the Allahabad High Court has observed that the right to practice religion is subject to public order and can’t be exercised in a manner that interferes with the rights of others.“The Constitution protects the right to practice religion, but it also makes it clear that this right is subject to public order, morality and health. It is not an unlimited right. It cannot be exercised in a way that affects others or disturbs the normal functioning of public life,” a division bench of Justices Saral Srivastava and Garima Prashad observed in its April 6 order, uploaded on April 30.It further stated based on the material placed on record, “… this Court finds that the land in question is recorded as public land. Even otherwise, if the land is assumed to be private, the petitioner is not entitled to the relief sought…”The bench added, “When it comes to public land, the position is straightforward. Public land is meant for everyone and is controlled by law. No individual can claim a right to use it for regular religious gatherings,” the bench added.The court said “the record shows that he is not protecting an existing practice but seeking to introduce regular congregational gatherings, including persons from within and outside the village. It is admitted that namaz was earlier offered only on specific occasions such as Eid. This expansion beyond a limited private sphere falls outside the protected domain and is subject to regulation”.In these circumstances, the bench ordered, “… This court cannot grant relief on such a basis, particularly where the matter has implications for public order and social harmony. Accordingly, the writ petition is dismissed.”What bench said on previous ordersThe petitioner, Aseen, sought directions to the DM to provide security/protection and permission to pray at his private premises (measuring 82.80 sqm of gram sabha land) at Ikona village in Sambhal’s Gunnaur.Story continues below this adAseen’s counsel cited four recent orders of the Allahabad High Court on separate petitions that sought similar relief. These orders, delivered between January and March this year, had stated that prayers can be conducted on private premises without requiring prior permission.Replying to the petitioner, the bench said in these orders, the court protected bona fide prayer within private premises and held that such personal religious exercise cannot be arbitrarily interfered with.However, the division bench of Justices Srivastava and Prashad stated that those decisions “cannot be read as laying down of organised or regular congregational activity on private premises is wholly immune from regulation. They recognise a limited protection, where prayer remains confined to a private, non-disruptive setting. Where the activity extends beyond that sphere and begins to affect the public domain, lawful regulation follows”.“These decisions do not confer a right to convert private premises into an unregulated congregational space,” the bench added.Story continues below this adFurther, the court observed, law does not require the authorities to wait for an actual disturbance to occur. Where an activity is likely to affect public order, the State is entitled to act in advance. The test is not the religious nature of the activity, but its public consequences, it observed.Govt standThe court further stated that the petitioner asserts ownership over the land on the basis of a registered gift deed dated June 16, 2023, and contends that the restraint violates his fundamental rights under Articles 19, 25, 26, 27 and 28 of the Constitution as persons professing Islam are entitled to offer namaz without interference.The Standing Counsel appearing for the state also submitted that the land which the petitioner claimed is his private premises is meant for public use and he has no ownership rights over it. The government counsel said the gift deed does not disclose any identifiable revenue particulars and cannot confer any legal title upon him.The court was also informed that a report by the Sub-Divisional Magistrate states that namaz has traditionally been offered at the said location only on the occasion of Eid, and that no restriction has been imposed on such established practice.Story continues below this adThe petitioner, however, is attempting to introduce regular large-scale congregational prayers by inviting persons from within and outside the village. It was further brought on record that the village has a mixed population and has remained peaceful for decades.The Standing Counsel cited government orders issued in 2024, 2025 and 2026 which consistently mandated that while religious practices are to be respected, no new traditions or non-traditional activities shall be permitted and that established practices must be adhered to to maintain public order.The counsel cited an example of similar order applied for Hindu festivals like Holi, which is allowed to be held at traditional sites only.