Bajrang Dal shut down the church without any official order, advise

606 votes

Right to worship is a fundamental right of a citizen. Police has no authority under any circumstances to make any agreement with a person to stop him from exercising any such right. They can arrest a person if they think than an offence is committed or is likely to be committed by such person. Even then, they have no authority to procure any agreement or promise from any person regarding his actions.

A magistrate may in case he is convinced that it is warranted, issue an order for arrest of any person's complained to be causing public nuisance or similar complaint. The magistrate may also have a person sign a bond of good behaviour with or without sureties. However I doubt that an order of the kind mentioned in the question can be passed even by such magistrate.

As for remedies available, one can simply say that the "agreement" with the police amounts to nothing and has no legal effect. Thus, in the event that the persons involved are found "acting in violation" of the said agreement, which is void ab initio.

You could, if you prefer, file an application with the senior police officer, informing him of the facts and asking him to clarify the situation.

In case that is not fruitful, one is also not barred in such cases to approach a High Court or the Supreme Court, as the matter relates to fundamental rights.

However seeing that the order of the police is utterly preposterous and uncalled for, I would prefer talking to a senior officer first. You may need a lawyer to Draft the application and if required, appear before such authority.

Advocate Nikhil Sabharwal LawRato

782 votes

You certainly have a right to worship and keep the church and school functional. You may file writ proceedings in court seeking to allow the church and school to remain operational. The nature and ownership of the land upon which the church and school are built will have to be looked into.

Advocate Ekta Mehta LawRato

818 votes

You do have a remedy.If the Church and school are built with required permissions( e.g it is important to know who the land really belongs to) then no on can make you to leave. The agreement entered into at the police station is not valid as it is made by coercion , force and is also illegal in itself. Further , even though the state can regulate religion for maintaining public order, morality and health they cannot without justifiable reason ask a minority nonstate aided educational institute to refrain from indulging in any religious activity or imparting any religious education.
In this case if you can file writ directly to the SC as the police are trying to take away your freedom of religion.

Advocate Tania Sharma LawRato

622 votes

U should file a Writ Petition before the High Court of UP, and seek protection and court monitored probe into the incident but Firstly get media into play especially in the print and make sure that it finds mention... so u can plead your case better before the bench. and if u don't then please form a Registered Organisation with various members.. and then file the WP on behalf of the Organisation/Body.

Advocate Rohit Kaul LawRato