The Rajasthan High Court emphasized that national security is paramount, stating that unauthorized religious structures near sensitive border areas cannot flout the law. Justice Sameer Jain, in a recent ruling, rejected petitions challenging notices for the removal of such structures near the India-Pakistan border. The court asserted that any illegal construction in border regions, regardless of religious affiliation, is subject to legal action.
A committee, including the District Collector, Superintendent of Police, and Border Security Force representatives, has been tasked to evaluate properties within 50 kilometers of the border. This panel will assess each case individually, considering security, land ownership, and legal aspects. It may recommend the removal of structures where necessary to uphold national security interests. Justice Sameer Jain stressed the significance of safeguarding the country while delivering the verdict.
The court highlighted that national interests must prevail when it comes to national security, and religious justifications cannot excuse legal violations. Petitions filed against removal notices by the Peer Mohammad Shah Jilani Dargah Committee and others were clarified by the High Court. The court underscored that the enforcement actions are based on legal and security grounds, not targeting any specific religion or community, emphasizing equal application of the law.
Referring to the Union Ministry of Home Affairs’ decision to extend the BSF’s jurisdiction, the court noted security agencies’ surveys in border areas. These surveys revealed unauthorized structures on government land, prompting removal notices by the district administration. The case is linked to Operation Clean, a border encroachment removal initiative by the Union Ministry of Home Affairs and the Rajasthan administration. The High Court’s ruling affirms the authority to address unauthorized border structures, subject to case-specific evaluations by the committee.
