Why Calcutta HC dismissed plea against construction of Babri Masjid replica in Murshidabad
Suspended TMC MLA Humayun Kabir had announced his plan to lay the foundation stone on December 6 and declared he would quit the TMC and launch his own political outfit
The Calcutta High Court dismissed a PIL challenging the construction of a mosque named ‘Babri Masjid’ by suspended TMC MLA Humayun Kabir in Murshidabad. (File)
The Calcutta High Court on Thursday dismissed a Public Interest Litigation (PIL) challenging the construction of a Babri Masjid in Beldanga, Murshidabad by suspended Trinamool Congress MLA Humayun Kabir.
A division bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that the petitioner, Kaunian Raza, had no locus standi in the matter. The judges observed that it was for the “appropriate authority of the state government” to take action, and dismissed the PIL on technical grounds.
The PIL, filed last week, argued that religious structures could only be built with approval from the state government.
“The construction is being undertaken without obtaining prior written permission from the District Collector. Furthermore, the nomenclature ‘Babri Masjid’ evokes memories of the sensitive Ayodhya Babri Masjid-Ram Janmabhoomi dispute, which has historically led to communal tensions across India. The petitioner apprehends that proceeding without statutory permissions and oversight could exacerbate communal disharmony, threaten public order, and violate fundamental rights under Articles 14, 21, and 25 of the Constitution of India,” the petition stated, arguing that Kabir should “immediately seek and obtain the requisite permission” and praying for “an interim stay on construction and appropriate measures to safeguard communal harmony”.
Earlier this month, several PILs had been filed in the Calcutta High Court seeking to restrain Kabir from laying the foundation stone of the proposed Babri Masjid on December 6. The court had declined to interfere, observing that it could not prevent any individual from constructing a place of worship.
However, the bench had directed the state to take preventive measures and ensure law and order, and also asked the Union government to cooperate in maintaining normalcy.
Kabir had announced his plan to lay the foundation stone on December 6 and declared he would quit the TMC and launch his own political outfit on December 22.
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A former Congress MLA from Rejinagar, Kabir has had multiple political shifts. Expelled from the TMC in 2015, he contested as an Independent in 2016 and lost. He later joined the BJP in 2018 and contested the 2019 Lok Sabha elections from Murshidabad, losing again. After rejoining the TMC, he won from Bharatpur.
Over the past year, he has publicly criticised senior Trinamool leaders, including Chief Minister Mamata Banerjee and Berhampore MP Yusuf Pathan, drawing repeated warnings and show-cause notices for his statements, which the party claimed embarrassed its leadership.
Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage.
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