Thaindian News

New Delhi, July 31 (IANS) While agreeing that removal of illegal shrines existing in public places can create law and order problems, the Supreme Court Friday asked the government to ensure that no new temple, church, mosque or gurdwara comes up without permission on public land and, if it does, the local official responsible be punished.
A bench of Justice Dalveer Bhandari and Justisce Mukundkam Sharma sought this assurance from the government on an affidavit within four week.

“The solicitor general will file an affidavit to ensure that no temple, church, mosque or gurdwara is constructed on a public street or a public space,” the bench comprising Justices Dalveer Bhandari and M.K. Sharma said.

It was hearing a lawsuit by the central government challenging a Gujarat High Court judgement of 2006 ordering demolition of several places of worship of various faiths that had mushroomed illegally on public thoroughfares and other public places.

The high court’s ruling, however, had been suspended by the apex court in May 2006 on an urgent lawsuit by the central government.

The bench said it can appreciate that there would be severe law and order problems if the existing religious structures are demolished.

“But the government must ensure that no new religious structure should come up on public streets and public places,” it said.

It added that the government should ensure that the local official in whose jurisdiction the religious structure comes up in an unauthorised and illegal manner should be punished for it.

Responding to the court’s suggestions, Solicitor General Gopal Subramaniam said: “The government is seized of the matter at its highest level and trying to build a consensus among all states” to ensure that no religious structure comes up in public places.

The bench then adjourned the matter for next hearing Sep 29.

According to the government’s lawsuit in the apex court, the high court had May 2, 2006 had ordered all municipal corporations in the state to demolish places of worship that obstructed traffic on roads.

The high court had taken suo motu action based on a newspaper report without verifying facts, said the government’s lawsuit.

The high court order had been withheld two days later by a bench of erstwhile Justice Ruma Pal and Justice Dalveer Bhandrai as the central government rushed to it fearing severe law and order problem over the demolitions of religious places in Vadodara and other cities as per the high court order.