Barmer: Multiple mosques and madrasas in Barmer district of Rajasthan received a one-day eviction notice, ordering them to vacate or justify their presence to the district administration. The deadline concluded on Thursday, June 18.
Notices dated June 11 were issued on the evening of June 17, Ali alleged, leaving the committees with less than a day to seek assistance, assemble documents, and prepare their case.
Condemning the move, Rajasthan’s Association for Protection of Civil Rights (APCR) on Wednesday, June 17, called it a violation of legal process and principles of justice. APCR Rajasthan president Advocate Syed Saadat Ali said mosque managements were served notices to either vacate the land or present their case against eviction before the tehsil office on the same day (June 18), explaining why they should not be evicted.
“Before taking action against any religious place or property, the affected party must be given a fair and sufficient opportunity to present their case,” the Advocate said. “Giving just a single day’s notice is a clear violation of due process.”
Notices incompatible with fundamental rights
The rights group said the actions are contrary to principles of natural justice, specifically the “audi alteram partem” doctrine, the right to be heard before any adverse decision is taken against a person. APCR argued that the notices go against Articles 14, 21, 25, and 26 of the Constitution, the foundational fundamental rights. They guarantee equal treatment before the law, the right to life and personal liberty and the freedom of conscience and religion and are enforceable in a court.
APCR, citing earlier Supreme Court orders on evictions and demolitions, said affected parties must be granted proper notice and reasonable time to approach courts and present their arguments.
“If authorities have concerns regarding land ownership or construction, those issues should be addressed through lawful procedures, impartial inquiry and judicial review, not through notices that deny affected parties a meaningful opportunity to defend themselves,” the association said.
If unilateral or coercive measures are enforced because of these notices, the rights group warned that it would join the affected mosque and madrasa committees in pursuing legal action.
It demanded an immediate suspension of eviction notices and proceedings, calling for adherence to legal procedures and judicial recommendations. The authorities must guarantee that no demolition or eviction directions will be taken without judicial intervention and a fair hearing.
It urged local authorities to be transparent and ensure constitutional adherence and communal harmony when issuing notices to religious institutions.
