http://www.hindu.com/2006/05/05/stories/2006050514010100.htm
Demolition of religious places stayed J. Venkatesan Supreme Court fiat to Gujarat # High Court passed order without verifying newspaper report # Demolitions will have major fallout on communal harmony NEW DELHI: In a bid to defuse the situation in communal violence-hit Vadodara, the Centre on Thursday moved the Supreme Court against a Gujarat High Court order directing all municipal corporations in the State to demolish places of religious worship which caused obstruction on roads. The apex court, while permitting the Centre to prefer an appeal, stayed the May 2 High Court order and the ongoing demolitions in Vadodara and other cities. Additional Solicitor-General Gopal Subramaniam made an urgent "mention" in the afternoon before a Bench consisting of Justices Ruma Pal and Dalveer Bhandari. He said the High Court had taken suo motu action based on a newspaper report without verifying facts. Quoting a Home Ministry report, Mr. Subramaniam said the situation in Vadodara was tense after the violence, and the Army staged a flag march in the riot-affected areas. The Bench issued notice to the Gujarat Government and other parties concerned. The Centre filed the suo motu appeal in the Registry in the evening after obtaining the stay order. Ramifications The Centre said it was concerned at the safety of the citizens and the law and order situation. If the High Court order was not stayed immediately, it would have not only grave consequences on the law and order situation in Gujarat but also serious ramifications for the unity, integrity and security of the nation and its secular fabric. The appeal said the High Court had directed the police and other authorities "to take immediate steps for the removal of encroachments by religious structures on public space without discrimination, and submit their reports." The order was passed without even conducting a prima facie examination of the veracity of the contents of the newspaper report and without any pleadings on record. Temples or mosques, demolitions would have a major fallout on communal harmony. The unauthorised constructions could be removed without offending the sensitivities of any group. The Centre made it clear that it was not justifying the existence of unauthorised constructions, more so if they were encroachments on public land. However, the removal of religious places was intrinsically sensitive, and must be subjected to scrutiny and classification before demolition. The Centre maintained that it was only interested in ensuring that the law and order situation in Gujarat did not go out of hand. In view of the extremely volatile situation in Vadodara, the High Court order should be stayed, the appeal said. -- DIE DULCI FREURE, DEV BOREM KORUM. Gabe Menezes. London, England _____________________________________________ Do not post admin requests to the list. Goanet mailing list (Goanet@goanet.org)
