SC: GUJARAT GOVT WON’T HAVE TO REBUILD SHRINES DAMAGED IN 2002

The Supreme Court on Tuesday set aside a Gujarat high court order asking the state government to pay for repair and reconstruction of religious structures damaged during the 2002 post-Godhra riots.

A bench of Chief Justice of India Dipak Misra and justice PC Pant, however, said the state government’s scheme of paying ex gratia of ₹50,000 for damaged residential and commercial properties would apply to religious properties a well.

According to official estimates, nearly 800 Muslims and more than 250 Hindus were killed in the violence in February-March, 2002, and is considered one of the worst communal riots in the country since Independence.

The top court was hearing a plea filed by the Gujarat government challenging the high court order asking it to pay compensation to rebuild more than 500 shrines damaged during the riots.

“Our plea has been allowed,” additional solicitor general Tushar Mehta, who represented the state government, told HT.

The state government had told the court it was willing to pay ex gratia amount for repair and reconstruction works of various structures, shops and houses which were damaged.

In an earlier hearing, the top court had wondered if it would be proper in a secular State to order compensation for rebuilding places of worship.

“Money is required for economic growth… individual injury is a different thing where compensation is granted under Article 21 (right to life and liberty) of the Constitution. Can it happen in a diversified country that a state is distributing public money to build religious places?” it said.

Citing Article 27 in the Constitution, Mehta had argued that there was a specific prohibition against compelling people “to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination”.