In the petition, advocate Khaja Aijazuddin contended that two mosques and one temple were damaged during the demolition of the secretariat building and the damage of religious buildings which had existed since a long time amounts to deprivation of citizens’ fundamental rights enshrined under Articles 14, 21, 25 and 26 of the Indian constitution. Moreover, he contended that the state is duty bound to preserve religious structures and to restore them at the place where it existed.
The petition further argued that though the government has come out with a new plan for the construction of the new secretariat building, however nothing has been mentioned about restoration of the temple and mosque damaged during the demolition process. Hence, the court to term the demolition of the religious places as highly unwarranted, illegal and unconstitutional and direct the state to preserve the religious structures in accordance with law.
After considering it a misconceived prayer, the bench comprising of Justices Ashok Bhushan and R. Subhash Reddy directed the petitioner to withdraw the petition, and observed: “We can’t allow all this under Art 32.”