Right To Practice Religion Not Linked To Particular Place: Madhya Pradesh HC
This right is not infringed by acquisition of a land having a mosque, a division bench of the Madhya Pradesh high court comprising Justice Vivek Rushia and Justice Binod Kumar Dwivedy said.
Bhopal: Madhya Pradesh high court has dismissed the petition seeking a directive to the state government to reconstruct a masjid, demolished for public cause, in Ujjain in the state, observing that the right to practice religion has no nexus with a particular place.
This right is not infringed by acquisition of a land having a mosque, a division bench of the Madhya Pradesh high court comprising Justice Vivek Rushia and Justice Binod Kumar Dwivedy said.
The case relates to acquisition of a land having a masjid in Ujjain by the state government for development of the area as parking space for the Mahakal Lok Parisar in Ujjain.
Delivering the verdict in the case, the court held that “Profession, practice and propagation of religion guaranteed in Article 25 is a personal right which has to be exercised by the individual. It has no nexus with the place or territory where it has to be exercised”.
The court observed that “acquisition of land on which a mosque may exist cannot be held to deprive him of his right to freely practice his religion.”
The appellants had argued that they are local residents of Ujjain and used to offer namaz in the mosque, which is stated to have been established 200 years ago and was declared a Wakf property on December 13, 1985.
According to the prosecution, the Wakf Board has already claimed the right to receive compensation for acquisition of the land by the state government for the public cause.
The prosecution had denied illegal acquisition, saying that the proceedings attained finality.
The bench observed that the mosque and the land were acquired following due process of law and the compensation was distributed to a number of persons who were in possession.