Our Correspondent / New Delhi
Setting aside the Gujarat High Court order asking the state government to pay for the reconstruction and repair work of religious structures damaged during the 2002 post-Godhra riots, Supreme Court today directed Gujarat that religious places that were damaged during violence would get only ex gratia assistance under the state government’s scheme.
The court was hearing an appeal filed by the Gujarat government against an order of the High Court directing it to pay compensation to over 500 shrines damaged during the 2002 riots, triggered after the Godhra train incident. A bench comprising Chief Justice Dipak Misra and Justice P C Pant allowed the Gujarat government’s appeal challenging the High Court verdict.
The Apex Court said that the protection of property and places of worship is an essential part of secularism and it directed that religious places that were damaged during riots would get compensation under the Gujarat government’s scheme.
Accepting the scheme that was prepared by the Gujarat government formulated in pursuance to its order, the bench of Chief Justice Dipak Misra and Justice Prafulla C. Pant in their judgment said: “The protection of property and places of worship is an essential part of secularism. The freedom of individual in this regard has to be respected and there has to be tolerance for each other”.
Having said that the protection of property and places of worship was essential to secularism, Chief Justice Misra said: “The freedom of individual in this regard has to be respected and there has to be tolerance for each other. This principle has been accepted in the constitutional scheme keeping in view the concrete sustenance of national unity and integrity.”
The court has described the scheme framed by the Gujarat government that caps the compensation at the maximum of Rs. 50,000/- and the condition therein as “quite reasonable”.
The claimants who fulfil the conditions of the scheme, the court said, “shall approach the authorities there in within eight weeks” and the authorities “shall determine the same within three months” from the receipt of the claims.
“If any party is aggrieved by the denial of the benefit, he can take appropriate steps in accordance with law”, the court said in its verdict.
Accepting the scheme, the court noted that while fixing the maximum limit, the Government has equated the same with houses which have been given the assistance.
Under the scheme only those religious structures that were damaged during 2002 post Godhra violence would be entitled for compensation that are not unauthorised or not located in the middle of a public road or at an unauthorised place.”
Under the scheme accepted by the court, only those religious structures woulkd get compensation in respect of whom FIRs were lodged at relevant point of time.
The people or trust claiming the compensation for damages to the structure will have to establish their ownership before the district authorities.
Operationalising the scheme for the payment of ex-gratia for the repair of religious places that were damaged during 2002 violence, the top court set-aside February 8, 2012, Gujarat High Court order that was challenged by the State government.
The High Court by its February 8, 2012, order had directed the Gujarat government to give compensation for the repair of all religious places including those of worship that were damaged during 2002 violence.
They were to be restored to the condition that existed on the day prior to their destruction.