The Hindu : New Delhi News : Status quo ordered on construction of mosque

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Wednesday, Dec 10, 2008
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Status quo ordered on construction of mosque

Legal Correspondent

A temple is in existence close to the site where the mosque is proposed to be built, says counsel
Bench orders that the matter be tagged with another petition filed by a welfare association

New Delhi: The Supreme Court has ordered status quo on the construction of a mosque in a pond at Ullagaram in Puzhuthivakkam town panchayat (now upgraded as III grade municipality).

A Bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam passed the order on a submission made by counsel C. Paramasivam on behalf of the appellant that a temple was in existence close to the site where the mosque was proposed to be constructed. The Bench directed the matter be tagged with another petition filed by a welfare association against a judgment of the Madras High Court allowing the construction of the mosque. The Bench issued notice to the Muslim Cultural Association.

Land allotted

The State government provisionally passed an order on September 24, 1986, allotting 0.27 acres of pond land on condition that the mosque be constructed within two years failing which the land would be taken back. Acting on a batch of petitions and writ appeals, the High Court, in an order dated June 10, 2008, permitted construction of the mosque. The SLP is directed against this judgment. The SLP said the High Court had failed to appreciate that secularism was a basic feature of the Constitution and the State government could not show any favour to any religion.

The G.O. dated September 24, 1986, provisionally transferred the government pond in favour of the Muslims association for construction of a mosque within two years. This order was not complied with and, thereafter, no final order was passed. Soon after the allotment of the land the public in the area objected for construction of mosque as there were several temples and Hindu institutions as well as marriage halls nearby.

The SLP raised important questions of law: whether the Muslim Cultural Association could claim a right under Article 25 of the Construction (right to freedom of religion) when the construction of the mosque would lead to law and order problem; whether the right to construct the mosque was subject to public order; and whether a government pond could be subjected to alienation.

The SLP sought quashing of the impugned judgment and an interim stay on the construction of the mosque.

Corrections and Clarifications

(The penultimate paragraph in a report "Status quo ordered on construction of mosque" (December 10, 2008) was "The SLP raised important questions of law: whether the Muslim Cultural Association could claim a right under Article 25 of the Construction (right to freedom of religion) .." It should have been "Article 25 of the Constitution". )

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