Kolkata. It is not mandatory to have a mosque to offer Namaz. No religious place can become an obstacle in the process of land acquisition in the larger public interest.
During the hearing of a case related to the mosque in the Calcutta High Court on Wednesday, the Dumdum Airport Authority made this important claim before the court.
During the hearing, advocate Soumendranath Mukherjee, appearing for the airport authority, said that the airport is a public land.
It is not mandatory to go to the mosque to offer Namaz. Namaz can be offered at any place. There are many examples of this in foreign countries.
The authority told the court that the central government requires this land in public interest for the runway expansion of the airport. This land had been acquired long ago and a notification related to it dated February 7, 1961 is also available.
When Justice Krishna Rao asked from whom the land was acquired, advocate Mukherjee clarified that it was acquired from local residents. Compensation has also been given for the mosque and all were rehabilitated in the year 1955.
He argued that everyone has the right to practice their religion, but cannot demand that it be done only at one specific place. Where the question of national security is involved, the rule of fundamental rights does not apply.
A mosque is located in the Bankra area of the Dumdum airport complex. From July 11, the Airport Authority has completely banned entry into this mosque, against which a petition has been filed in the Calcutta High Court.
The petitioner claims that this mosque is 136 years old. Earlier, entry into the mosque was allowed from Gate No. 8 of the airport, which has now been closed.
Petitioner’s advocate Kishore Dutta argued in the court that earlier the airport authority itself used to transport 50-60 people by bus to the mosque, which has been suddenly stopped.
He argued that the mosque land has not yet been legally acquired, hence movement cannot be banned.
In response to this, the authority’s advocate said that this decision has not been taken overnight and the step has been taken only after listening to all the parties.
Since this is an issue of national and aviation security, no interim order is required. He also said that in the larger public interest, land of temples and churches has already been acquired at many places for the construction of national highways.
Clear stand of the central government:
Representing the Central Government in this matter, Solicitor General Dheeraj Trivedi said that according to the Constitution, no separate facility or privilege can be given to the mosque during land acquisition.
This mosque is coming right in the middle of the airport runway. It was also made clear in the report of the Prime Minister’s Office (PMO) that expansion of the airport is not possible in the presence of a mosque.
He told the court that the site is not a ‘heritage’ and fundamental rights cannot prevail over public places. The next hearing of the case has been scheduled for October 9.