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Supreme Court Halts Demolitions Near India-Pakistan Border, Grants Two Weeks To Approach
In a significant that balances humanitarian concerns with imperatives, the on , granted a two-week window of protection to residents whose structures face demolition near the India-Pakistan border in Rajasthan. A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe permitted the petitioners to withdraw their and approach the , while shielding them from until their case is taken up.
The Expanding Frontier: BSF's 50-Kilometer Reach and Its Consequences
The demolitions stem from a critical expansion of the Border Security Force's (BSF) area of operations. The central government extended the BSF's jurisdiction to cover a 50-kilometer radius from the international border, a move that brought numerous long-standing structures under heightened security scrutiny. In the ensuing demolition drive, various structures — including mosques, kabarstans, and dargahs — were marked for removal, triggering widespread alarm among border communities.
Affected residents mounted legal challenges before the through a batch of writ petitions. However, on , a of the High Court dismissed these petitions, holding that the matter pertained squarely to . In a ruling that would later inform the Supreme Court's approach, the rejected allegations of religious discrimination and held that in issues relating to , strict adherence to was not required .
A Different Set of Petitioners Knocks on the Supreme Court's Door
The before the Supreme Court — — was filed by a different set of affected individuals who had not been parties to the earlier round of High Court litigation. Represented by Senior Advocates and , the eight petitioners sought urgent relief against the impending demolition of their properties.
During the hearing on July 17, Senior Advocate sought permission to withdraw the with liberty to approach the through a or . The Supreme Court acceded to this request but did so with a crucial safeguard.
"No ": The Court's Carefully Calibrated Interim Shield
The bench, while dismissing the as withdrawn, recorded an of immediate practical consequence. The Court ordered:
"Till the / is taken up by the High Court i.e., within two weeks from today, no will be taken by the respondent(s) against the petitioners."
This direction effectively freezes the demolition machinery for a fortnight, giving the petitioners breathing room to present their case before the of the . However, the Supreme Court took pains to emphasize the limited scope of its intervention, stating unambiguously:
"It is made clear that we have not examined the matter and we are not expressing any opinion on the merits of the case. It is for the High Court to consider the petition(s) on their own merits."
What Lies Ahead: The High Court's Task
The Supreme Court's order, though in nature, sets the stage for a more comprehensive adjudication by the . The will now have to weigh the petitioners' claims — including any allegations of procedural irregularity or disproportionate impact on religious and cultural sites — against the State's compelling interest in securing the international border.
The two-week deadline embedded in the Supreme Court's order injects urgency into the proceedings. The petitioners must move swiftly, and the High Court will be called upon to determine whether the demolition drive, even in the name of , can proceed without affording affected individuals a meaningful opportunity to be heard.
The outcome will be closely watched, not only by the residents of Rajasthan's border villages but also by legal observers tracking the evolving jurisprudence on the intersection of and .
