Rajasthan: Bulldozer action against mosques, madrasas, and dargahs near Pakistan border to continue; High Court refuses stay

New Delhi. Mosques, madrasas, and dargahs located along the India-Pakistan border are in the government’s crosshairs. The Rajasthan government has issued notices to vacate the premises of mosques and madrasas situated within a 50-kilometer radius of the international border. Representatives of these religious institutions had approached the Rajasthan High Court against this government order, but the Court refused to stay the government’s directive.

While hearing the petition filed on behalf of the mosques and madrasas, the Rajasthan High Court declined to halt the ongoing action. However, the High Court directed the Rajasthan government to constitute a committee to examine each case individually. This committee will make recommendations regarding further action, such as demolition or eviction.

During the hearing, Justice Sameer Jain of the Rajasthan High Court observed that the matter pertains to national security rather than religious discrimination. Emphasizing the significance of the principles of natural justice, he noted that the disclosure of sensitive information could compromise national security; therefore, strict adherence to standard procedural norms might not be feasible in this context. The Court dismissed the petitions filed by the Peer Mohammad Shah Jilani Dargah Committee and others.

What the petitioners demanded
The petition filed by the Peer Mohammad Shah Jilani Dargah and others challenged the notices issued to mosques, madrasas, and dargahs located within a 50-kilometer radius of the border in the Jaisalmer, Barmer, and Bikaner districts. The petitioners argued that the Central Government had announced in June that religious structures—specifically mosques, madrasas, and dargahs—situated within 50 kilometers of the India-Pakistan international border would be removed.

The petitioners stated that the notices were issued following this announcement by the Centre. Several mosques and madrasas have already been demolished, and we fear that the same could happen to us. The Advocate General and the Additional Solicitor General presented arguments in the High Court on behalf of the Rajasthan government. The government stated that the notices were issued in strict accordance with legal procedure and that adequate provisions exist for appeals and construction-related matters.