On Day 2, it’s Sethu versus faith in SC

Earlier during the day, senior advocate Soli Sorbajee appearing before the Bench, led by Chief Justice K G Balakrishnan, said the structure had acquired a special significance amongst Hindus and any such action that results in impairment or even partial destruction of structure would amount to 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 argued.

The Bench questioned Sorbajee: “Hindus worship Bhoomata (Earth goddess)... the entire Govardhan hill near Mathura is worshiped. Can you say that no structure can be constructed there?” Justice Raveendran asked.

After the Bench almost pushed him to a corner by citing examples of dams built on rivers like Ganga and Narmada, which too are worshiped, the senior advocate replied, “We are not concerned with the outlandish example of mountains, rivers, trees. We are concerned with Rama Setu,” He stressed 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”.