Justice Sameer Jain of the Rajasthan High Court’s Jaipur Bench has delivered a significant verdict regarding religious structures situated near the India-Pakistan international border. The administration had previously issued notices to remove religious structures built in border areas without proper authorization. These notices were challenged in the High Court through various petitions, all of which were dismissed by the Court on Monday.
What is the matter about?
Acting on directives from the Union Ministry of Home Affairs, security agencies initiated a survey in the border regions. Over the past few years, numerous madrasas, mosques, dargahs, and other structures had been erected within 50 kilometers of the border without the District Collector’s permission; these were deemed a major threat to national security. Consequently, notices were issued for their removal, which local committees challenged in the High Court. Recent enforcement actions have already taken place in Barmer and Jaisalmer. The Court has now dismissed all these petitions.
What did the High Court say?
During the hearing, the Court clearly acknowledged that religious structures built near the international border without statutory permission constitute illegal construction in the eyes of the law. Such structures cannot be granted protection solely on religious grounds, especially when the issue involves national security.
High Court’s Directives
The Rajasthan High Court has ordered the formation of a committee to examine each property and structure individually. This committee will review each case separately and, if deemed necessary from a security perspective, will have the authority to decide on the removal or demolition of the structures. The committee will comprise:
The Collector of the concerned district
The District Superintendent of Police (SP)
Representatives of the Border Security Force (BSF)
A notable highlight of the verdict
While delivering the judgment, Justice Sameer Jain recited lines from a poem, conveying the essence that when the question of national security arises, the country and its safety take precedence over temples, mosques, or any other religious identity. Quoted lines:
“Neither temple, nor mosque, nor any wall stands taller,
When the moment arrives to defend the motherland.
The land that belongs to the nation shall remain the nation’s first;
Where the question of security arises, the nation shall remain paramount.”
