Indore: The Madhya Pradesh High Court has delivered a significant ruling, stating that the fundamental right to practice religion is not intrinsically linked to any specific location. This observation was made as the court dismissed a petition that sought the reconstruction of a mosque, estimated to be nearly 200 years old, in Ujjain.
The mosque in question, Takiya Masjid, was demolished to facilitate the expansion of the Mahakal Lok complex, associated with the Mahakaleshwar Temple, a revered Jyotirlinga shrine. The demolition occurred after the land acquisition process was completed and compensation was disbursed.
The Indore bench of the High Court, comprising Justices Vivek Rusia and Binod Kumar Dwivedi, rejected the plea filed by residents of Ujjain, including Mohammad Tayyab and 11 others. They were challenging a previous court order that had dismissed their application for the mosque’s reconstruction and an inquiry against administrative actions.
The petitioners had argued that the mosque, established approximately two centuries ago and declared Waqf property in 1985, had been unjustly acquired by the state government. Their counsel contended that the demolition infringed upon religious rights guaranteed by Articles 25 and 26 of the Constitution, emphasizing that Waqf property remains Waqf property in perpetuity.
However, the state government, represented by Additional Advocate General Anand Soni, countered by citing a previous judgment from the Allahabad High Court. Soni argued that while the acquisition might affect the right to use a particular property for worship, it does not infringe upon the constitutional right to practice religion in one’s home or elsewhere. He asserted that the petitioners lacked the legal standing to file the writ petition and appeal.
The High Court bench concurred, noting that the land and the mosque had been acquired following due legal process. The court cited the Allahabad High Court’s stance: “The law of acquisition cannot be held to be invalid as that relates to land and not the individual’s right to profess, practice or propagate religion. As the right to practice religion has no nexus with any particular place, that right cannot be deemed infringed by the acquisition of any particular piece of land which was issued as a mosque.”
Takiya Masjid was reportedly demolished on January 11 as part of the ongoing development and expansion of the Mahakal Lok parking area near the Mahakaleshwar Temple.
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