Police Line Campus Is A Sensitive Place, Public Shouldn't Be Allowed Entry Sans Valid Permission: Allahabad High Court

The bench of Justice Rajeev Singh made this observation while refusing to quash a criminal case against a leader of the All India Majlis-E-Ittehadul Muslimeen (AIMIM) who has been booked inter alia under Section 153B of IPC & Section 7 of the Criminal Law Amendment Act 1932 for allegedly trying to enter in a Mosque located inside the Police Lines premises in Pratapgarh to offer namaz.

The case in brief

The Court was essentially dealing with a quashing petition filed by AIMIM district president Israr Ahmad who was booked in a criminal case following a clash with Pratapgarh policemen who refused him to offer Friday prayers at a mosque located on the Reserve Police Lines campus.

It was alleged that the accused persons (including the applicant) forcibly tried to enter the police line by raising several slogans and also made skirmishes with the police personnel while insisting on offering Namaz in the mosque situated in the police line campus.

Challenging the summoning order as well as the entire criminal proceedings, Ahmad moved the HC inter alia on the grounds that for a long time, people working near the police line have been offering Namaz in the mosque situated in the police line campus by taking necessary precautions and hence, there was no reason for the policemen to stop him from entering the police line premises.

Lastly, it was argued that since the mosque is situated in the police line, people should not be deprived of offering the prayer of Jumma in the said mosque.

On the other hand, the AGA, appearing for the state, submitted that the mosque constructed in the police line premises cannot be allowed to the public to offer Namaz/prayer, for the reason that arms and ammunition of the police personnel are being stored in Armory in the police line, moreover, District Wireless Control Room is also situated there and due to several other security reasons, without appropriate permission, public at large cannot be allowed to enter in the police line campus.

Also, Satypal Antil, Superintendent of Police, Pratapgarh also submitted before the Court that the campus of the police line is a sensitive place in which the Armory, District Wireless Control Room Cyber Control Room etc. are situated and the accused persons had forcibly entered the campus of police line by interrupting the official duty of police personnel.

He also informed the Court that further investigation would be completed very soon and the report be submitted in Court.

Court's observations

At the outset, the Court noted that merely on the ground that the sanction was not taken by the Investigating Officer from the competent authority and submitted the charge sheet to the Court concerned, on which, the Court has taken cognizance, charge sheet as well as cognizance order cannot be said to be bad in the eyes of law.

The Court further agreed with the contention of the AGA as well as the SP Pratapgarh to opine that the police line campus is a sensitive area housing facilities such as the Armory, District Wireless Control Room, and Cyber Control Room and therefore, access to the premises should not be granted to the general public without proper authorization from the District Superintendent of Police.

With this, the plea was dismissed with a direction to the Superintendent of Police, Pratapgarh to ensure that the further investigation of the case be completed as early as possible and a report be submitted before the Court concerned.

The Court also directed the Senior Registrar of the Court to communicate this order to the Principal Secretary, Government of U.P. and Superintendent of Police, Pratapgarh for necessary action, forthwith.

Appearances

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 2024 LiveLaw (AB) 100 [APPLICATION U/S 482 No. - 8877 of 2023]

Case Citation: 2024 LiveLaw (AB) 100