Various mosques and madrassas in Rajasthan’s Barmer district have received a one-day eviction notice, concluding on June 18, to vacate the land or justify their presence to the district administration.
The notices dated June 11 were issued in the Gadra Road area of the Barmer district, which lies near the India-Pakistan border. The notices ordered mosque management committees to either vacate the land or justify their continued presence on the land.
Condemning the move, the Association for Protection of Civil Rights (APCR), a legal advocacy and civil rights organization, said that the mosque and madrassa were given insufficient time to respond.
“Although the notice is dated June 11, it was delivered only on the evening of June 17, with instructions to respond by June 18. The mosque and madrasa were entitled to a 15-day response period, but that time has not been granted,” Muzammil Islam Rizvi, General Secretary, Rajasthan, said talking to FoEJ Media.
“The action violates the fundamental principles of natural justice, constitutional rights, and judicial standards,” President Advocate Syed Saadat Ali, APCR, Rajasthan said.
APCR argued that the notices appear to contravene Articles 14, 21, 25, and 26 of the Constitution of India, which guarantee equality before the law, fair procedure, freedom of religion, and the right to manage religious institutions. Furthermore, the organization cited the legal principle of audi alteram partem, the right of the other side to be heard before any adverse decision is taken.
Citing an earlier Supreme Court order on evictions and demolition, APCR said affected parties must be given proper notice and time to approach courts and present their arguments.
“If authorities have concerns regarding land ownership or construction, those issues should be addressed through lawful procedures, impartial inquiry, and judicial review, not through notices that deny affected parties a meaningful opportunity to defend themselves,” the association said.
APCR, furthermore, warned that if any unilateral or coercive action is conducted on the basis of the notices, it will fight the matter in court along with the affected mosque committees.
“If any unilateral or coercive action is taken on the basis of the notices, it will support the affected mosque committees in pursuing legal remedies before competent courts and will utilize all available constitutional and legal avenues,” it said.
The rights group has demanded an immediate suspension of the notices and provision of adequate time in accordance with the Supreme Court directions to ensure judicial review before eviction or demolition action. It further demanded transparency in the matter and fairness in matters concerning religious institutions.
ACPR has also said to avoid measures that could trigger communal tensions or social discord.
