The Uttarakhand High Court dismissed as “not pressed” a Special Appeal filed by the State government against a Single Judge order that had permitted the offering of Eid-ul-Azha Namaz at Nainital’s Gymkhana and District Sports Association ground. The Division Bench recorded the submission made on behalf of the State that it was not pressing the appeal and accordingly disposed of the matter.
The appeal was heard by a Bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay. During the proceedings, counsel representing the State informed the Court that the appeal would not be pursued. Taking note of this statement, the Bench dismissed the appeal as not pressed. The challenge came after the scheduled religious congregation had already taken place, making the dispute largely academic.
The appeal had been filed against an earlier order passed by Justice Pankaj Purohit. In that order, the Single Judge had permitted members of the Muslim community to offer Eid-ul-Azha Namaz peacefully at the ground known as “The Flatts” in Nainital. The Court had allowed the congregation to take place for a limited period between 9 a.m. and 10 a.m. and had directed the administration and police authorities to maintain law and order during the event.
The Single Judge’s order was passed on a petition filed by Anjuman Islamia Nainital through its Secretary. The petition challenged a cancellation letter issued by the Nainital Gymkhana and District Sports Association, which manages the ground. The cancellation had withdrawn permission that had earlier been granted to the petitioner society and its members to offer Eid Namaz at the venue.
Before the Single Judge, the petitioner society argued that Eid Namaz had been offered at the ground for nearly a century and that the practice had continued without causing any disturbance to public order or communal harmony. It was submitted that the withdrawal of permission was unprecedented and that the community had traditionally used the venue for the religious gathering without any difficulty.
The district administration opposed the request and informed the Court that the ground is located in one of the busiest areas of Nainital. It argued that the tourist season was underway and that a large number of visitors were arriving in the town every day. The administration expressed concerns that allowing the gathering at the venue could create law and order issues and affect communal harmony, particularly because a Hindu temple and a Gurudwara are situated near the area.
While considering the rival submissions, the Single Judge took note of the long-standing practice of offering Eid Namaz at the ground. The Court observed that the congregation had been taking place for many years without any reported untoward incident. It also noted the absence of material showing that previous gatherings had caused disturbances or affected communal harmony in the town.
Taking these circumstances into account, the Court permitted the petitioner society and its members to offer Namaz peacefully at the ground for one hour. The administration and police authorities were directed to make appropriate arrangements to maintain public order and facilitate the gathering.
Following the completion of the religious event, the State’s appeal against the Single Judge’s order came up before the Division Bench. Since the event had already concluded and the State chose not to pursue its challenge, the appeal was dismissed as not pressed. Consequently, the Single Judge’s order remained undisturbed, bringing the proceedings to a close without any further examination of the merits of the dispute.
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