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Scan on govt land for shrines

The Supreme Court today decided to examine whether the government can allot its land for construction of temples, mosques, churches, gurdwaras and other religious places of worship when the country had a secular policy.

Our Legal Correspondent Published 21.01.17, 12:00 AM

New Delhi, Jan. 20: The Supreme Court today decided to examine whether the government can allot its land for construction of temples, mosques, churches, gurdwaras and other religious places of worship when the country had a secular policy.

A bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud directed the Supreme Court registry to list all matters related to places of worship for further consideration on March 20, when it would hear arguments on the issue.

The court passed the directive while dealing with an appeal filed in 2008 by a Chennai residents' group, the Federation of Chennai Suburban Welfare Association, challenging the allotment of government land in 1981 for a mosque.

Madras High Court had in 2007 upheld the allotment of 0.27 acres to the Muslim Cultural Association at Ullagaram on the outskirts of Chennai.The suburban association then appealed in the apex court, arguing that the government cannot give its land for places of worship in a secular State.

A division bench of the high court had while upholding the allotment ruled that merely because the land is given for a religious purpose, such allotment will not in any manner alter the secular character of the State. It had held that the religious right of each community has to be necessarily recognised under Article 25 of the Constitution, which guarantees freedom of religion to all persons in the country.

"Since India is a country of great diversity, it is absolutely essential, if we wish to keep our country united, to have tolerance and respect for all communities and sects. It was due to the wisdom of our founding fathers that we have a Constitution which is secular in character, and which caters to the tremendous diversity in our country," the high court had said.

In its appeal in the apex court, the suburban association has contended that the right to practise, profess and propagate religion guaranteed under Article 25 of the Constitution does not necessarily include the right to acquire or own or possess property.It has also said that the State is under an obligation to preserve communal harmony and public order and cannot allow worship at a particular place, which may infringe on the religious freedom of others.

"To maintain communal harmony and public order mosque, temples churches etc.. should not be allowed to be constructed on government land," the association said in its appeal.

Today, when the appeal came up for hearing, P.V. Dinesh, the Muslim Cultural Association's counsel, said the allotment of government land for the mosque "did not in any manner affect the secular character of the country".

He told the court that the suburban association's objection to a mosque was nothing but intolerance and communal hatred. "The conduct of the petitioner is against the principles of secularism, which is a basic feature of our Constitution," Dinesh argued, seeking dismissal of the appeal.

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