The Free Press Journal

Onus on state to ensure there is no communal tension: HC

- NARSI BENWAL

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.

Newspapers in English

Newspapers from India