National security paramount, says Rajasthan HC while backing border anti-encroachment drive

Jaipur, July 13 (SocialNews.XYZ) The Rajasthan High Court has ruled that national security takes precedence over all other considerations, observing that unauthorised religious structures in sensitive border areas cannot be permitted in violation of the law. Delivering the judgment on Monday, a single-judge bench of Justice Sameer Jain dismissed petitions challenging notices issued for the removal of religious structures allegedly built without authorisation near the India-Pakistan international border.

The court held that any structure constructed illegally in border areas, irrespective of its religious nature, is subject to action under the law. The High Court directed the formation of a committee to inspect all such properties located within 50 kilometres of the India-Pakistan international border.

The committee will comprise the concerned District Collector, Superintendent of Police (SP), and representatives of the Border Security Force (BSF). The panel has been asked to examine each case individually, taking into account security concerns, land ownership and legal permissions. It may recommend the removal or demolition of structures wherever necessary in the interest of national security. While pronouncing the verdict, Justice Sameer Jain emphasised the primacy of national interest and recited a poem underscoring the importance of safeguarding the country.

The court observed that when national security is involved, the nation's interests must take precedence, and violations of the law cannot be justified in the name of religion. The petitions were filed by the Peer Mohammad Shah Jilani Dargah Committee in Ramgarh, Jaisalmer, and other petitioners against notices issued by the administration. The High Court clarified that the action is not directed against any particular religion or community but is based solely on legal and security considerations. It noted that the law applies equally to all citizens and institutions.

The court also referred to the Union Ministry of Home Affairs' decision to extend the BSF's jurisdiction up to 50 kilometres from the international border to strengthen border security. According to the administration, security agencies conducted surveys in border areas following directions from the Union Ministry of Home Affairs. During the exercise, several religious and other structures were found to have been constructed without permission on government land, including gochar (grazing land) and oran (sacred grove) land. The district administration subsequently issued notices for their removal, which were challenged before the High Court.

The case is linked to the government's border encroachment removal drive, commonly referred to as Operation Clean, launched by the Union Ministry of Home Affairs in coordination with the Rajasthan administration. As part of the operation, authorities removed unauthorised structures in several border villages across Barmer and Jaisalmer districts during June 2026, citing national security concerns and encroachments on government land. With Monday's ruling, the High Court has upheld the administration's authority to examine and act against unauthorised structures in border areas, subject to a case-by-case assessment by the committee constituted for the purpose.

Source: IANS