Onus on state to ensure there is no communal tension: HC
The Bombay High Court recently felt obliged to remind the Maharashtra government and citizens that India is a secular and democratic country. The court also said that the government is under constitutional obligation to ensure no incident of communal or religious tension occur in the state.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla also reminded the citizens of their fundamental duty to respect and follow the Constitution of India.
Justice Oka said, “India is a Secular Democratic Republic. The Petitioners (citizens) have to respect ideals of the Constitution as required by Article 51 A (a).”
“If by virtue of lawful orders of this court which uphold the law, communal tension is created, it is always the responsibility of the state government to ensure that such a situation does not arise,” Justice Oka added.
The observations were made while rejecting a writ petition challenging a notification of the government reserving a portion of land as burial ground of the Muslim community, in Ulhasnagar city. The petitioners, who stay in hutments constructed upon the land reserved for the burial ground, claimed that if the court fails to issue direction to the government for de-reserving the land, there were high chances of communal riots in the area.
To substantiate their argument, the hutments dwellers cited the civic body of Ulhasnagar which had sanctioned a Shiva temple and also a Ganesh Visarjan ghat just next to the burial ground.
The bench, in its order, noted that the petitioners did not claim that people/devotees visiting the temple or the ghat, have to go through the burial ground. The judges noted that the objection was only to the sanctioning of the temple and the ghat.
Having considered the submissions, Justice Oka said,
“The argument that if the court does not interfere with the reservation, communal tension will be created is to be deprecated. This court exercises the powers conferred on it under the Constitution. We must reiterate that a court of law does not get impressed by such submissions.”
The judges accordingly rejected the plea directing the local authorities in Ulhasnagar to consider if the illegal hutments of the petitioners can be regularised under any law, applicable to the city.