The Supreme Court today overruled the 2012 order of the Gujarat High Court which had directed the state government to rebuild, at its cost, over 500 Muslim religious places destroyed or damaged during 2002 communal violence.
A bench of Chief Justice of India Dipak Misra and Justice PC Pant however added that the state government’s scheme of paying ex-gratia of Rs 50,000 for damaged residential and commercial properties would apply to religious properties as well.
The apex court’s ruling came after hearing a petition filed by Gujarat government challenging the high court order directing it to pay compensation to more than 500 shrines damaged during the 2002 communal carnage. While ordering the compensation, the high court order had also passed severe strictures against the then chief minister Narendra Modi’s administration for its failure to contain the violence.
In its appeal before the Supreme Court the Gujarat government had expressed its willingness to pay the same ex-gratia compensation amount of Rs 50,000 which it had earlier paid in case of damage to residential or commercial premises.
Two days earlier, on Monday the bench had wondered if it would be proper in a secular state to order compensation for rebuilding places of worship.
“Money is required for economic growth… individual injury is a different thing where compensation is granted under Article 21 (right to life and liberty) of the Constitution. Can it happen in a diversified country that a state is distributing public money to build religious places?” the bench had observed.
Appearing on behalf of the Gujarat government, Additional Solicitor General Tushar Mehta argued that Article 27 of the Constitution prohibits asking people “to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.”