The Rajasthan High Court has dismissed a batch of petitions challenging the proposed demolition of several mosques, madrasas and dargahs located within a 50-kilometre radius of the India-Pakistan border, holding that the matter primarily concerns national security and regulatory compliance rather than religious discrimination.
The single-judge Bench of Justice Sameer Jain observed on Monday that the Union government’s decision to enhance and rationalise the territorial jurisdiction and operational powers of the Border Security Force (BSF) reflects a proactive and calibrated response to evolving security concerns along the international border.
Rejecting the petitioners’ contention that the proposed action targeted a particular religious community, the Court held that the record showed notices had been issued uniformly to all allegedly unauthorised structures irrespective of religion.
The Court dismissed any attempts to attach a communal angle to the proposed demolitions, calling them completely baseless. Instead, the Bench emphasized that the matter must be evaluated solely as a question of national security and legal adherence.
Upon examining the material placed before it, the Court found that the structures were prima facie unauthorised since no permission had been obtained under the Rajasthan Religious Buildings and Places Act for their construction. It further noted that questions relating to title, ownership, possession and land use involved disputed facts that could not be adjudicated in proceedings under Article 226 of the Constitution.
The Court also recorded that the petitioners had been served with show-cause notices but chose not to participate in the proceedings. Having failed to avail themselves of the statutory remedy, they could not subsequently invoke the writ jurisdiction on the ground of violation of natural justice, it held.
Emphasising the significance of the border location, the Court observed that properties situated near the international border warrant heightened vigilance and regulatory oversight. It further held that in matters involving national security, the principles of natural justice may be applied in a pragmatic and situation-specific manner, provided there is sufficient material justifying such action.
The Court ruled that when it comes to national security, the government doesn’t have to follow everyday legal procedures to the letter. It is acceptable to take a practical, case-by-case approach, as long as the situation calls for it.
Finding no procedural illegality, the Court dismissed the petitions as not maintainable.
Taking note of the security concerns, the Court directed the constitution of a committee comprising the District Collector, Superintendent of Police and a representative of the BSF to examine sensitive properties located along the border. The committee has been empowered to order eviction, dispossession, demolition or adopt any other appropriate measure based on the material available and the prevailing security situation.
While clarifying that the principles of natural justice cannot be completely excluded, the Court held that their application may be suitably tailored in cases involving national security, having regard to the sensitivity of the issue and the larger public interest.
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