Why Calcutta HC dismissed plea against construction of Babri Masjid replica in Murshidabad

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”.