No law against using residential premises for prayers: Karnataka High Court

Chief Justice Prasanna B Varale and Justice MGS Kamal said while dismissing the PIL that the residents of HBR Layout in Bengaluru could not show why a residential place cannot be used to offer prayers.

"Inspite of our repeated queries the counsel was unable to show any such prohibition, prevention in the rules of law, prohibiting an occupant to utilise the residential place for offering prayer," the judgment said.

The petition, which was converted to a PIL, was filed by Sam P Philip, Krishna SK, Jagaeesan TP and five other residents of HBR Layout.

They approached the court against the Housing and Urban Development Department, BBMP and Masjid E-Ashrafit over the issue.

They contended that a residential area was being used as a prayer hall, causing disturbance to the neighbours.

Legal battle

The matter had reached the court once earlier when the Masjid Trust reportedly raised a building without the approval of the civic authorities.

The court had directed that the building for a madarasa could only be built after sanction from the BBMP. It was then constructed and was used as a Madarasa for poor children.

The latest PIL was filed after the new building came up on the property.

The judges said the counsel for the petitioners repeatedly submitted that as there may be a large gathering of people, the residents apprehend disturbance. “These submissions neither stand reasons, logic or law."

The court took strong exception to the counsel for the petitioners stating that conducting the prayers posed a risk.

"We are not permitting such statements. This is something to which we have strong objections. You cannot make a statement so casually. You have no right to make such sweeping statements… How can you say someone offering prayer is a threatening activity?”

(With agency inputs)