The Calcutta High Court has dismissed a Public Interest Litigation (PIL) that sought to halt the construction of a mosque named 'Babri Masjid' in West Bengal's Murshidabad district. The controversial project is being spearheaded by suspended Trinamool Congress (TMC) legislator Humayun Kabir.
Court's Ruling on Technical Grounds
A division bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen delivered the verdict on Thursday. The judges dismissed the petition on technical grounds, stating that the petitioner, Kaunian Raza, had no locus standi (legal standing) in the matter. The bench clarified that it is the responsibility of the "appropriate authority of the state government" to take any necessary action regarding the construction.
The PIL, filed last week, had raised several legal and communal concerns. It argued that the construction was proceeding without the mandatory prior written permission from the District Collector. More significantly, it contended that using the nomenclature 'Babri Masjid' was inherently provocative, as it directly evokes memories of the highly sensitive Ayodhya dispute that has historically fueled communal tensions across India.
Petitioner's Concerns and Political Backdrop
The petition expressed apprehension that building a religious structure without statutory permissions and oversight could exacerbate communal disharmony and threaten public order. It argued that such actions could violate fundamental rights under Articles 14 (equality before law), 21 (protection of life and personal liberty), and 25 (freedom of conscience and free profession, practice, and propagation of religion) of the Indian Constitution.
This was not the first legal attempt to stop the project. Earlier this month, several PILs were filed seeking to restrain Kabir from laying the foundation stone on a symbolic date: December 6. While the court declined to interfere then as well, stating it could not prevent an individual from building a place of worship, it had directed the state government to take preventive measures to ensure law and order. The Union government was also asked to cooperate in maintaining normalcy.
Humayun Kabir's Political Journey and Plans
The suspended MLA has a history of political shifts. A former Congress MLA from Rejinagar, Kabir was expelled from the TMC in 2015. He contested as an Independent in 2016 and lost, later joining the BJP in 2018. He contested the 2019 Lok Sabha elections from Murshidabad on a BJP ticket but was unsuccessful. After rejoining the TMC, he won from the Bharatpur constituency.
Over the past year, Kabir has been openly critical of senior Trinamool leaders, including Chief Minister Mamata Banerjee and Berhampore MP Yusuf Pathan, drawing repeated warnings and show-cause notices from the party. His latest announcement ties the mosque construction to his political ambitions. He has declared his plan to lay the foundation stone on December 6 and subsequently quit the TMC on December 22 to launch his own political outfit.
The court's dismissal places the onus squarely on the state administration to monitor the situation and act within its legal framework to prevent any potential breach of peace, while the political ramifications of Kabir's actions continue to unfold in West Bengal.
