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Restore religious places damaged during
riots, Gujarat ordered
Monday July 30, 2012 08:03:08 PM,
IANS
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New Delhi:
The Supreme Court Monday asked the Gujarat government if it was
contemplating to fund repairs of religious places damaged in the
2002 riots and declined to suspend a high court order to the state
to pay for their restoration.
"We are asking whether the state is contemplating any scheme for
the repair of religious places damaged during the 2002 riots,"
said the apex court bench of Justice K.S. Radhakrishnan and
Justice Dipak Misra.
The court did not stay the portion of the Gujarat High Court
observation which blamed "inaction or inadequate action" for the
damage to the religious places.
The apex court questioned the state government on restoration of
damaged shrines while referring to its earlier direction to the
Odisha government on formulating a scheme for the repair and
restoration of churches damaged in the 2008 riots in Kandhamal
district.
The court said that the state government could formulate a scheme
on the lines of what the Odisha government framed for the
restoration of churches.
As Additional Advocate General Tushar Mehta, representing Gujarat,
said the direction to Odisha was for formulating a policy and not
to pay for the actual damages, Senior counsel Harish Salve
observed: "Policy was not for adorning the text book but to pay
damages based on that policy."
Mehta told the court that he needed time to take instructions from
the state government on the court's poser.
He told the court that his difficulty was that the high court's
observation "inaction and inadequate action" was being used by
people to file petitions seeking hearing by the inquiry
commission.
"Based on the high court orders, petitions are being filed before
the commission to hear them," Mehta told the court.
Salve, appearing for a Gujarat-based religious organisation, told
the court that the order and directions of the high court could be
stayed but not the observations.
"Observations are not stayed. Orders are stayed," Salve told the
court, adding that if the high court order was not stayed for
another 15 days the heavens would not fall.
Mehta said that the high court could not exercise power under
article 226 of the constitution to decide the breach of
non-fundamental rights.
He said that it was a well settled point that a high court
exercised its jurisdiction under article 226 only if there was a
breach of fundamental rights.
The court would next hear the case Aug 14.
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