SC sets aside Gujarat HC order on repair of shrines

Satya Prakash

Tribune News Service

New Delhi, August 29

The Supreme Court today set aside a Gujarat High Court order asking the state government to pay for repair and reconstruction of religious structures damaged in the 2002 riots that claimed more than 1,000 lives, mostly Muslims.

A Bench headed by Chief Justice of India Dipak Misra, however, said the state government’s scheme of paying ex gratia of Rs 50,000 for damaged residential and commercial properties would apply to religious structures also.

“The claimants who fulfil the conditions of the scheme shall approach the authorities therein within eight weeks and the said authorities shall determine the same within three months from the receipt of the claims. If any party is aggrieved by the denial of benefit, he can take appropriate steps in accordance with law,” the Bench said allowing the state government’s appeal against the HC order.

In its February 8, 2012, order, the Gujarat HC had directed the state government to give compensation in favour of persons in charge of all religious places, including those of worship, which were damaged during the communal riot of 2002 for restoration to the original position, as those existed on the date of destruction.

Over 1,000 persons, mostly Muslims, were killed and more than 500 shrines damaged during the riots that broke out after 57 Hindu pilgrims were burnt alive in a train compartment at Godhra railway station on February 27, 2002.

On behalf of the Gujarat Government, senior advocate Tushar Mehta cited Article 27 to contend 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”. The HC order was against the secular fabric of the country, he had argued.