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"Damaging Rama Setu will leave scar like Babri"
PTI | New Delhi
Posted online: May 06, 2008
Government should avoid causing any damage to the "Rama Setu"
as it might leave a permanent scar in the minds of people like the demolition
of Babri Masjid in Ayodhya, opponents of the controversial Sethusamudram
project on Thursday contended in the Supreme Court.
"Demolition of Babri Masjid has left a deep scar. The wound has healed
but the scar is there. Scar of this nature must be avoided," senior
advocate K Parasaran said opposing the project contending that religious
faith of Hindus are attached with Rama Setu.
"Is there any compelling need to cause a wound again in the minds
of so many Hindus to leave a permanent scar? A wrong deed of authority
will leave a deep wound," he said before a Bench headed by Chief
Justice KG Balakrishanan.
The senior advocate, appearing for the Chief of Hindu Munani, Rama Gopalan,
stressed that there was a need to adopt a balanced approach between two
facets of public interests -- religious belief and developmental projects.
Former Attorney General Soli J Sorabjee, who started the arguments in
the day, said Rama Setu has acquired special significance amongst the
Hindus and any State action, which results in impairment or even partial
destruction of the structure would amount to the violation of the fundamental
rights of the citizens guaranteed under Article 25 of the Constitution.
"A religious belief which is genuinely and conscientiously held over
a long period of time by a substantial number of adherents or followers
of a particular religion becomes an integral part of that religion and
is entitled to protection under Article 25," he said.
However, the Bench, also comprising Justices RV Raveendran and JM Panchal,
showered a volley of questions to Sorabjee referring to various mountains
and rivers which are sacred to Hindus and wanted to know from him that
will the religious faith attached to those places will prevent any construction.
"Hindus worship Bhoomatta (Earth goddess)...The entire Govardhan
hill near Mathura is being worshipped. Can you say that no structure can
be constructed there," Justice Ravindran said.
Replying to the questions, the senior advocate said that in such cases
the guiding factor would be the religious belief of the community and
it cannot be established historically or scientifically.
Sorabjee at one point said, "extreme proposition" has been put
to him when the judge wanted to know from him that will the religious
belief prevent construction of dams on river Ganga and Narmada which are
worshipped and will it prevent cutting of trees and construction work
on entire Himalayas and Tirumala hills which are sacred places.
"We are not concerned with the outlandish example of mountains, rivers,
trees etc. We are concerned with Rama Setu," the senior advocate
said stressing that "the court's role is to determine whether aforesaid
belief is genuinely or conscientiously held over a period of time by Hindus
and if that be so it falls within the ambit of freedom of religion guaranteed
by Article 25."
He said that religious belief of Hindus that Rama Setu was constructed
by Lord Rama and his followers who crossed over the bridge to Lanka and
rescued Sita from the clutches of the demon Ravana cannot be questioned.