A public interest litigation (PIL) that sought to halt the proposed construction of a mosque named after Humayun Kabir's Babri Masjid in Kolkata was withdrawn from the Calcutta High Court on Thursday. The petitioner's counsel indicated plans to submit a new, more comprehensively framed petition in the future.
Legal Proceedings and Court's Stance
The petition was presented before a division bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen. During the hearing, the legal representative for the petitioner formally requested permission to withdraw the existing PIL. The counsel stated the intention to later file a "properly constituted petition."
In response, the division bench granted the withdrawal request. The judges explicitly clarified that the court had not expressed any opinion on the merits or the tenability of the arguments presented in the PIL. This legal step essentially resets the procedural clock on this particular challenge.
Petitioner's Concerns Over Naming and Communal Harmony
The PIL, filed by petitioner Kaunain Raza, centered on significant apprehensions regarding the proposed mosque's name. Raza argued that the designation "Babri Masjid" directly evokes memories of the long-standing and highly sensitive Ayodhya Babri Masjid-Ram Janmabhoomi dispute.
The petition highlighted that this historical dispute has been a source of communal tensions across India for decades. Raza's core concern was that proceeding with a project bearing this name, especially without clear statutory permissions and oversight, could potentially exacerbate communal harmony, threaten public order, and infringe upon fundamental rights of citizens.
Implications and Next Steps
The withdrawal of the PIL does not signify an end to the legal scrutiny of the proposed construction. By choosing to refile a more detailed petition, the petitioner aims to present a stronger legal case. This development leaves the project in a state of legal limbo, pending further judicial review.
The move underscores the continued sensitivity surrounding symbols and nomenclature linked to the Ayodhya dispute, even in regions far from the original site. It brings to the fore ongoing discussions about communal harmony, urban planning permissions, and the intersection of identity with public infrastructure in diverse Indian cities like Kolkata.
All eyes will now be on the content and framing of the promised new petition, which will determine the next phase of this legal encounter in the Calcutta High Court.
