Allahabad HC Denies Quashing Criminal Case Against AIMIM Leader for Alleged Mosque Entry Incident"

Allahabad HC Denies Quashing Criminal Case Against AIMIM Leader for Alleged Mosque Entry Incident"

The Allahabad High Court declined to dismiss a criminal case against an AIMIM leader, accused of attempting to enter a mosque within the Police Lines premises in Pratapgarh to offer prayers, under Section 153B of the IPC and Section 7 of the Criminal Law Amendment Act 1932.

Justice Rajeev Singh's bench additionally noted that the police line campus encompasses sensitive facilities such as the Armory, District Wireless Control Room, Cyber Control Room, etc. Consequently, the general public should not be permitted to enter the premises without valid permission from the District Superintendent of Police.

The court was addressing a quashing petition filed by AIMIM district president Israr Ahmad, who was implicated in a criminal case after a confrontation with Pratapgarh policemen who denied him entry to offer Friday prayers at a mosque within the Reserve Police Lines campus. Allegedly, the accused individuals, including the petitioner, attempted to forcibly enter the police lines, chanting slogans, and engaged in scuffles with police personnel while insisting on praying at the mosque located within the campus.

Challenging the summoning order and the entirety of the criminal proceedings, Ahmad petitioned the High Court, among other reasons, on the basis that the provisions of the 1932 Act are not applicable in district Pratapgarh due to the absence of any notification regarding the implementation of the Act in the region.

His counsel further argued that no sanction order was obtained from the Competent Authority before filing the charge sheet against him for the offence under Section 153B IPC, which is mandatory according to law. The trial court had taken cognizance of this aspect.

It was also contended that individuals working near the police line have been offering Namaz in the mosque situated within the police line campus for a significant period, taking necessary precautions. Therefore, there was no justification for the policemen to prevent him from entering the police line premises.

Finally, it was argued that since the mosque is situated within the police line premises, people should not be deprived of the opportunity to offer the Jumma prayer in the said mosque.

On the other hand, the Additional Government Advocate (AGA), representing the state, argued that allowing the public to offer Namaz/prayer in the mosque constructed within the police line premises is not feasible. This is due to the fact that the police line houses the armory where arms and ammunition of the police personnel are stored, and the District Wireless Control Room is also located there. Additionally, considering various security concerns, it is not appropriate to permit the general public to enter the police line campus without appropriate permission.

Considering the facts and circumstances of the case, the Court noted that Section 7 of the Act 1932 is applicable in all districts of Uttar Pradesh, effective from the date of publication of the notification in the Official Gazette, which was June 19, 1968.

Regarding the argument concerning the non-grant of sanction before filing the chargesheet under Section 153B IPC, the Court observed that the Superintendent of Police, Pratapgarh, had opted for further investigation into the case in question. He assured the High Court that he would exercise due care and precautions to conduct the further investigation of the case in a just and fair manner.

Counsel for Applicant: Gyanendra Singh, Ajmal Khan, Javed Khan

Counsel for Opposite Party: Government Advocate Dr. V.K. Singh assisted by AGA Piyush Singh and State Law Officer Shivendra Singh Rathaur

Case title - Israr Ahmad vs. State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another 

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