Cannot block religious site due to opposition from another group: Kerala High Court | India News – Times of India

KOCHI: The High Court of Kerala has held in an important judgment that in a democratic country where citizens have the fundamental right to practice and profess their faith, the establishment of a religious site by any community should not be restricted merely because of opposition from other groups.
Friday’s ruling came in response to a petition filed by KT Mujeeb from Kozhikode challenging the issue Kozhikode Collector‘s order denying an NOC a prayer room for Muslims in his building and the letter from Kadalundi Panchayat directing him to stop its functioning.
In 2016, the HC had issued an interim order allowing the petitioner to use the building as a place of worship subject to certain conditions.
Reconsider plea on religious site within three months, HC tells official
In 2016, Kerala HC issued an interim order allowing the petitioner to use the building as a prayer hall subject to conditions. It also directed the district collector to decide the issue after considering reports from police and revenue authorities.
A report by the Kozhikode district police chief highlighted opposition from members of other religions, and even some Muslims, and warned that the renovation of the building could disrupt peace in the area. Based on the observations, the District Collector denied NOC.
While hearing the petition, HC emphasized that the state has to strike a delicate balance between protection religious freedom and upholding secularism in issuing guidelines in such matters. It ruled that the objections of a handful of individuals of other faiths cannot serve as a valid reason to limit the rights guaranteed by Articles 25 (freedom of conscience and profession, practice and propagation of religion) and 26 (the right to establish and maintain institutions for religious and charitable purposes) of the Constitution. HC directed the district collector to reconsider the petition within three months.