KOCHI: The Kerala high court has held in a significant judgment that in a democratic country where citizens possess the fundamental right to practise and profess their faith, the establishment of a religious place by any community should not be curtailed merely due to opposition from other groups.
The ruling on Friday came in response to a petition filed by KT Mujeeb of Kozhikode challenging the Kozhikode collector‘s order refusing an NOC to operate a prayer hall for Muslims in his building and Kadalundi panchayat’s letter directing him to stop its functioning.
In 2016, the HC had issued an interim order permitting the petitioner to use the building as a prayer hall subject to some conditions.
Reconsider plea on religious site within 3 months, HC tells official
In 2016, Kerala HC issued an interim order permitting the petitioner to use the building as a prayer hall subject to conditions. It also directed the district collector to decide on the matter after considering reports from police and revenue authorities.
A report from the Kozhikode district police chief highlighted opposition from members of other faiths, and even a few Muslims, warning that converting the building could disrupt peace in the area. Based on the observations, the district collector denied NOC.
While considering the petition, HC emphasised that the state must strike a delicate balance between safeguarding religious freedom and upholding secularism when issuing guidelines in such matters. It held that objections raised by a handful of individuals from other faiths cannot serve as valid grounds to restrict rights guaranteed under Articles 25 (freedom of conscience and free profession, practice and propagation of religion) and 26 (the right to form and maintain institutions for religious and charitable purposes) of the Constitution. HC directed the district collector to reconsider the petition within three months.