Pleas against demolition of mosques rejected by Rajasthan HC

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

According to Bar and Bench, the court observed that the Union government’s decision to expand the Border Security Force’s territorial jurisdiction and operational powers reflected a well-considered approach to addressing security concerns. Live Law reported that the bench also noted that the proximity of the structures to the international border warranted greater vigilance and regulatory oversight, Scroll.in reported.

The court said attempts to give the demolitions a communal colour were misplaced. Justice Sameer Jain observed that the issue pertained to national security and regulatory compliance rather than religious discrimination.

Based on the material placed before it, the court held that the structures proposed for demolition appeared to be unauthorised. It further noted that the petitioners had been served show-cause notices but had not participated in the proceedings. As a result, the court ruled that they could not subsequently invoke its writ jurisdiction by alleging a violation of the principles of natural justice.

The bench also observed that when the security of the state is at stake, procedural rigidity must give way to the need to protect national interests.

The proposed demolitions of mosques and dargahs in Rajasthan and other states had triggered a political controversy in June, with Opposition leaders alleging that Muslim places of worship were being selectively targeted.

AIMIM president Asaduddin Owaisi had said on June 21 that his party's Bikaner unit informed him that four mosques in the district had been demolished. He also alleged that nine mosques and dargahs in the border districts of Phalodi, Jaisalmer and Barmer had been razed.

Opposition leaders, including Owaisi and former Rajasthan Chief Minister Ashok Gehlot of the Congress, alleged that the demolition drive disproportionately targeted Muslim religious sites.

Owaisi also claimed on social media that notices had been issued to hundreds of other religious sites, including the 250-year-old shrine of Hazrat Mahmood Shah Jilani in Jaisalmer. Gehlot accused the BJP government in Rajasthan of targeting decades-old historical religious sites through what he described as a coercive demolition drive.