HC Order Goes Against Constitution, Says Govt
The Supreme Court on Monday asked for all details that led to the
Gujarat high court directing the state government to help repair and rebuild
religious structures damaged in the 2002 communal riots.
A bench of justice K S Radhakrishnan and justice Dipak
Misra entertained the Gujarat government’s appeal against the February 8 high
court order and asked the additional advocate general Tushar Mehta to place the
entire documentation before the court by August 9.The high court had charged
the state government with “inaction and negligence” in its order.
Interestingly, the state objected to the high court
order on the ground that it was contrary to the constitutional principle of
secularism where no government could favour a particular religion. It said
compensation to repair damaged religious structures could be akin to state’s
help to a particular community.
The bench issued notice to the voluntary organization
Islamic Relief Committee of Gujarat, which had filed a public interest
litigation in the high court in 2003 with details of damages to 271 religious
structures in 26 districts during the post-Godhra riots. The high court order
had asked principal district judges in 26 districts to entertain applications
seeking compensation for repair and reconstruction of religious structures. But
it had clarified that additional constructions in the main structure would not
be covered under the scheme.
In its notice, the Supreme Court asked, “Is there a
basis for grant of compensation? Has any study been done by state to assess the
damage?”
In its order, the high court bench of acting chief
justice Bhaskar Bhattacharya and justice J B Pardiwala had concluded that it
was “inadequate endeavour” on part of the government to prevent riots. The bench
had also asked the government to get the money for the compensation from those
who had damaged the religious structures.
The high court asked government to pay those who were
incharge of the Islamic religious structures like mosques and shrines, including
great Urdu poet Vali Gujarati’s tomb in Shahibaug. The judges concluded that if
the government could give compensation to those who had lost houses and
business establishments, it could not deny financial assistance to repair and
rebuild religious places damaged in the riots.
