The Rajasthan High Court has dismissed petitions challenging the proposed demolition of several mosques, dargahs and madrasas located within 50 kilometres of the India-Pakistan border, holding that the issue relates to national security and regulatory compliance rather than religious discrimination.
Justice Sameer Jain observed that the Union government’s decision to expand the territorial jurisdiction and operational powers of the Border Security Force (BSF) reflected a “well-calibrated approach” to address security concerns in border areas.
The court noted that the proximity of the structures to the international border required heightened vigilance and regulatory oversight.
Court Rejects Claims of Communal Targeting
Rejecting allegations that the demolitions were motivated by religious bias, the High Court said attempts to give the matter a communal colour were “misplaced.”
The court observed that the structures proposed for demolition appeared to be unauthorised based on the material placed before it. It also noted that the petitioners had been issued show-cause notices but did not participate in the proceedings.
The bench said the petitioners could not later seek relief under the court’s writ jurisdiction by claiming violation of principles of natural justice.
Emphasising the importance of national security, the court said, “It is a thought deeply ingrained in the consciousness of every citizen of this nation that when the security of the state is at stake, the rigidity of procedure must yield to the imperative necessity of protection.”
Opposition Leaders Had Raised Concerns
The proposed demolitions had triggered a political controversy in June, with several Opposition leaders alleging that Muslim religious places were being selectively targeted.
AIMIM president Asaduddin Owaisi had claimed that four mosques in Bikaner district were demolished and that nine other mosques and dargahs in Phalodi, Jaisalmer and Barmer—districts located along the India-Pakistan border—were also razed.
He had further alleged that notices had been issued to hundreds of other religious sites, including the 250-year-old shrine of Hazrat Mahmood Shah Jilani in Jaisalmer.
Former Rajasthan Chief Minister Ashok Gehlot had also criticised the BJP government, alleging that historical religious sites that had existed for decades were being targeted through the demolition drive.
High Court Upholds Government Action
With the dismissal of the petitions, the High Court has upheld the authorities’ action, stating that the issue must be viewed from the perspective of national security and regulatory compliance rather than religious identity.
The ruling is expected to have significant implications for similar cases concerning religious structures situated in sensitive border areas.
