This story is from December 21, 2020

UP: HC grants bail to man arrested for offering namaz in Mathura temple

UP: HC grants bail to man arrested for offering namaz in Mathura temple
Picture for representational purpose only.
PARYAGRAJ: The Allahabad High Court has granted bail to Faisal Khan, the man who was arrested for offering Namaz in the Nand Baba temple premises in Mathura district, but directed him not to use social media till the conclusion of the trial.
Justice Siddharth allowed the bail application observing, “Having considered the material on record, larger mandate of the Article 21 (Protection of life and personal liberty) of the Constitution of India and the dictum of apex court in the case of Dataram Singh Vs.
State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant be released on bail.”
In Dataram Singh’s case, the Supreme Court had held that grant of bail is a general rule and putting a person in jail or in a prison or in correction home during trial is an exception and presumption of innocence, i.e. person is believed to be innocent until found guilty, is fundamental postulate of criminal jurisprudence. It is not necessary to go into the correctness or otherwise of the allegations made against the accused as this is a subject matter to be dealt with by the trial judge. On November 1, 2020, an FIR was registered against Faisal Khan under Sections 153-A (promoting enmity between different groups) and other sections of Indian Penal Code at Barsana police station of Mathura district.
It was alleged that Faisal Khan and co-accused Chand Mohammad had offered Namaz inside the temple without the consent of the priest and the photographs of the incident were made viral on social media to show disrespect for the religious feeling of Hindu community and with intention to disturb communal harmony of the society. It was also alleged that Faisal Khan was receiving foreign funds.
Khan’s counsel argued that the applicant is a renowned social activist, who has revived Khudai Khidmatgar movement of India and is working for maintaining communal harmony for the last 25 years. In this connection, he undertook yatra for visiting temples.
He was offered ‘prasad’ and lunch by the temple’s chief priest who also bestowed blessings on him as is clear from the photographs in dispute.
“The applicant had no intention to disturb the communal harmony of the society and he did not enter the sanctum sanctorum of the temple, rather he offered Namaz outside the temple with the permission of the priest as is clear from the viral photographs,” the counsel added.
After hearing arguments, the court granted bail and directed Faisal Khan to cooperate in trial and not to tamper with prosecution witnesses.
End of Article
FOLLOW US ON SOCIAL MEDIA