Rajasthan HC rejects pleas against demolition of mosques along Pakistan border

The Rajasthan High Court on Monday dismissed petitions challenging the proposed demolition of several mosques, dargahs and madrasas located within 50 kms of the India-Pakistan border, Bar and Bench reported.

The bench was quoted as having observed that the Union government’s decision to enhance the territorial jurisdiction and operational powers of the Border Security Force showed a well-calibrated approach to address security challenges, Live Law reported.

As the structures were near the border, there was a need for heightened vigilance and regulatory oversight, the bench added.

The court said the “attempt to attribute communal colour” to the demolitions was misplaced, Bar and Bench reported.

Justice Sameer Jain said that the matter was related to “national security and regulatory compliance”, and not religious discrimination.

Based on the material placed before the court, the judge observed that the structures proposed to be demolished were prima facie unauthorised.

The petitioners had been issued show-cause notices and that they had not participated in the process, the court observed. Therefore, the petitioners “cannot now be permitted to invoke writ jurisdiction” on the grounds of violation of natural justice, the bench said.

“...it is a thought deeply ingrained in the consciousness of every citizen of this nation that when the security of the state is at stake, the rigidity of procedure must yield to the imperative necessity of protection,”...

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