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2009 Supreme(SC) 3

(2009) 17 Supreme Court Cases 90
K.G. BALAKRISHNAN, CJI., MARKANDEY KATJU AND P. SATHASIVAM, JJ.
ARCHBISHOP RAPHAEL CHEENATH S.Y.D. (3) – Petitioner
Versus
STATE OF ORISSA AND ANOTHER – Respondents.
WP (C) No. 404 of 2008
Decided on : January 5, 2009

Advocates appeared:
Colin Gonsalves, Senior Advocate (Vipin M. Benjamin, Alban Toppo and Ms Jyoti Mendiratta, Advocates) for the Petitioner;
Gopal Subramanium, Additional Solicitor General, K.K. Venugopal, Senior Advocate [Janaranjan Das, Swetaketu Mishra, Ankur Talwar, Devansh A. Mohta and S.N. Terdal (for Ms Sushma Suri), Advocates] for the Respondents.

Headnote:Constitution of India, Article 21 - Communal violence in Orissa - Protection of a minorities – Duty of State – In the after meath of violence religious places belonging to minority community demolished - Payment of compensation regarding demolisition - State Government to take decision, after having discussion with Home Secretary, for protection of minorities in the State - State Government may formulate a scheme regarding compensation.

       [Para 3]

ORDER

1. This Court by an order passed on 22-10-20081 indicated that sufficient paramilitary forces be deployed in the State of Orissa till December 2008. Learned counsel for the State submits that still these forces are required in f the State to maintain the law and order situation and even if removal of a group of battalion is necessary the same should be done in a phased manner.

2. We make it clear that the State Government may have discussions with the Home Secretary of the Home Ministry and take an appropriate decision having regard to the law and order situation prevailing in the State for protection of minorities in the State.

3. The learned counsel appearing for the petitioner stated that a large number of churches have been demolished and the State Government is giving meagre amount by way of compensation. Some churches and religious places were in existence which are being destroyed and the State Government is not giving any compensation on the ground that there is some dispute regarding the land. The Government may formulate a scheme regarding these religious places and take appropriate decision.

4. Adjourned by six weeks.

Court Masters

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