[Marxistindia] Allahabad High Court Judgment Concerning
news from the cpi(m)
marxistindia at cpim.org
Sat Jul 4 15:51:56 IST 2026
July 4, 2026
Press Statement
The Polit Bureau of the Communist Party of India (Marxist) has issued the
following statement:
Allahabad High Court Judgment Concerning
The Polit Bureau of the CPI(M) condemns the Allahabad High Court judgment in
Syed Rashid Ali v. State of U.P., delivered on July 2, 2026. This ruling
undermines secularism, minority rights, and the livelihood of ordinary
citizens.
The Court's interpretation of the Places of Worship Act, 1991 is deeply
flawed. By holding that the Act does not prohibit acquisition of mosques for
"public purposes," the Court has rendered this secular safeguard
meaningless. When a mosque is demolished for a road, its religious character
ceases to exist. This is conversion through acquisition, precisely what the
Act was meant to prevent.
The Court's cavalier dismissal of tenants' rights is shocking. It held that
tenants have "hardly any rights" in acquisition matters. The petitioners
ninety-seven percent of whom are Muslims, ran businesses for generations in
Dalmandi, with rent agreements and electricity bills. The Social Impact
Assessment Report showed 50 per cent of families reside there and 45 per
cent depend on it for livelihood. Yet the Court ignored their right to
livelihood under Article 21.
This follows the pattern of the Bhojshala judgment and ongoing mosque
disputes, a systematic assault on minorities serving the BJP-RSS agenda of
transforming India into a Hindu Rashtra.
Alternative sites like Sonar Gali, located much closer to the Kashi
Vishwanath Temple (100 meters versus 800 meters), could be developed with
far less displacement. The State chose Dalmandi, a Muslim-majority area,
instead.
The Court also failed to address the violation of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, which requires rehabilitation and resettlement for
all affected families.
The Supreme Court should overturn this judgment.
Muralidharan
(For CPI(M) Central Committee Office)
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