General View of Supreme Court of india in New Delhi, India on 22 January 2020. No stay on CAA-NPR, Assam-Tripura matters segregated; top court bars HCs from hearing pleas on law (Photo by Nasir Kachroo/NurPhoto via Getty Images)

The contempt petition had been filed in Supreme Court by former Member of Rajya Sabha, Mohammad Adeeb, against the Haryana Government for its failure to stop ‘fringe’ elements from disrupting Friday namaz.

Namaz at the public places can not be tolerated said Chief Minister Mr.Manohar Lal Khattar. Some of the Hindu groups had started protesting against namaz at public places at Gurugram, especially on Fridays.

Initially, the state government and districts administration had granted permission for namaz over the certain mentioned sites, which were withdrawn later amid various protests.

Muslim council of Gurugram said that they are going to file a petition in the Supreme Court later this week.

In issues like this, it became important to understand the law involved.

In Shagir Aimed vs state of Uttar Pradesh top court said, “The true position is that all Public Streets and roads vest in the state, but the state holds them as the trustees on the behalf of the public. Members of the public are entitled as beneficiaries to use them as a matter of right and this right is limited only by the similar right possessed by every other citizen the pathways and. The state as trustees on the behalf of the public is entitled to impose all such limitations on the character and extent of the use, as may be requisite for protecting the rights of public generally”

Article 25 of the Indian Constitution holds that every person is entitled to freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.

In 2018 the question that arise before the top court was whether ram Leela, Mata ki chowki, and other religious activities can be performed at public places like parks, grounds, etc .the issue had arisen because of the decision of the national green tribunal decision denying the permission to conduct Jagran. The two judges bench referred the matter to the larger bench stating that it raise the question of great constitutional importance as to address the question of whether such religious activities can be performed in State-owned public places because the state is secular in the matter of religion.

Now the matter has again arisen as the Muslim council of Gurugram is planning to approach the Supreme Court.

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