Staff Reporter / New Delhi
The Communist Party of India (Marxist) [CPI(M)] on Friday strongly criticised the Allahabad High Court’s July 2 judgment in the Syed Rashid Ali vs State of Uttar Pradesh case, alleging that the ruling undermines secular principles, minority rights and the livelihoods of affected residents.
In a statement, the party said the High Court’s interpretation of the Places of Worship Act, 1991 was “deeply flawed,” arguing that the verdict weakens the law’s objective of protecting the religious character of places of worship. CPI(M) contended that allowing the acquisition of mosques for public purposes could effectively alter their religious status.
The party also objected to the Court’s observations regarding tenants’ rights, claiming that many of those affected by the proposed acquisition in Varanasi’s Dalmandi area have operated businesses there for generations. Citing the Social Impact Assessment report, CPI(M) said a significant proportion of families depend on the locality for their residence and livelihood, and alleged that the judgment failed to adequately consider their right to livelihood under Article 21 of the Constitution.
The CPI(M) further alleged that the decision fits into what it described as a broader pattern of legal disputes involving religious sites and expressed concern over its impact on minority communities. It claimed that alternative locations for the proposed development project were available but were not chosen.
The party also argued that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, particularly those relating to rehabilitation and resettlement of affected families, had not been adequately addressed.
Calling for judicial review, the CPI(M) urged the Supreme Court to set aside the Allahabad High Court’s judgment. The High Court has not publicly responded to the party’s criticism.