National Security Prevails: Rajasthan High Court Dismisses Petitions Against Border Zone Eviction
The Rajasthan High Court has dismissed a batch of writ petitions challenging eviction notices issued to religious structures located within 50 kilometres of the Indo-Pakistan border, ruling that national security concerns outweigh speculative fears of demolition. The court directed the petitioners to first approach the statutory authorities under the Rajasthan land laws.
Justice Sameer Jain, hearing the petitions filed by several mosques, madrasas, dargahs and individuals from Jaisalmer and Barmer districts, held that the notices – issued under the Rajasthan Colonization Act, 1954 and the Rajasthan Land Revenue Act, 1956 – were merely show-cause notices and did not constitute immediate demolition orders. The petitioners had argued that the notices were part of a larger exercise to remove structures following heightened security measures near the sensitive border.
“In matters involving national security, strict adherence to the traditional rigours of natural justice is not always warranted, and a pragmatic, situation-responsive approach is permissible, provided that there exists material justifying such action,” the court observed in its July 13 judgment.
The lead petition was filed by the Peer Mohammad Shah Jilani Dargah in Jaisalmer, while connected petitions involved numerous madrasas, mosques, dargahs and individuals across Jaisalmer and Barmer. The petitioners claimed that several of these institutions had existed for decades, attracted devotees from different communities, and conducted religious events with permissions granted by district authorities. They alleged that the authorities acted arbitrarily and with a predetermined intention to demolish the structures without following due process.
The state government opposed the petitions, arguing that the structures were situated in an extremely sensitive border zone and that many had been established without statutory permissions on government land. It relied upon intelligence inputs, documentary material and national security considerations to justify the issuance of notices. The government also maintained that the petitioners had adequate statutory remedies under the Rajasthan land laws.
The court noted that the petitioners had admitted receiving show-cause notices and opportunities for personal hearing but had chosen not to participate in the proceedings before the competent authorities. It further observed that there was no material before the court to show that coercive action or demolition had actually been initiated.
The judgment stressed that issues involving the international border require greater judicial restraint. The court dismissed the writ petitions as not maintainable, holding that the parties must approach the statutory authorities first. The ruling underscores the judiciary's deference to executive action in matters of national security, while emphasising that sufficient procedural compliance was achieved in the case.
