The Rajasthan High Court has ruled that national security takes precedence over all other considerations, holding that unauthorised religious structures in sensitive border areas cannot be permitted in violation of the law. A single-judge bench of Justice Sameer Jain on Monday, 13 July dismissed petitions challenging removal notices issued for religious structures allegedly built without authorisation near the India-Pakistan international border.

What the Court Ruled

The bench held that any structure erected illegally in border areas — regardless of its religious character — is subject to action under the law. The court made clear that the administration's drive is not directed against any particular religion or community, but is grounded solely in legal and security considerations. Justice Sameer Jain underscored the primacy of national interest while pronouncing the verdict, reciting a poem on the importance of safeguarding the country.

Notably, the court observed that violations of the law cannot be justified in the name of religion when national security is at stake — a pointed articulation that sets a firm precedent for border-area governance.

Committee Constituted for Case-by-Case Review

The Rajasthan High Court directed the formation of a committee to inspect all structures located within 50 kilometres of the India-Pakistan international border. The panel will comprise the concerned District Collector, Superintendent of Police (SP), and representatives of the Border Security Force (BSF).

The committee has been tasked with examining each case individually, taking into account security concerns, land ownership, and legal permissions. Where necessary in the interest of national security, it may recommend removal or demolition of structures.

Background: Operation Clean and BSF Jurisdiction

The petitions were filed by the Peer Mohammad Shah Jilani Dargah Committee in Ramgarh, Jaisalmer, and other petitioners, against notices issued by the district administration. The case is linked to Operation Clean, a border encroachment removal drive launched by the Union Ministry of Home Affairs in coordination with the Rajasthan administration.

As part of the operation, authorities removed unauthorised structures in several border villages across Barmer and Jaisalmer districts during June 2026, citing national security concerns and encroachments on government land — including gochar (grazing land) and oran (sacred grove) land. Security agencies had conducted surveys in border areas following directions from the Union Ministry of Home Affairs, during which several structures were found to have been built without permission on government land.

The court also referenced the Union Ministry of Home Affairs' decision to extend the BSF's jurisdiction up to 50 kilometres from the international border — a policy move aimed at strengthening border security that now has direct judicial endorsement in its application.

What Happens Next

With Monday's ruling, the Rajasthan High Court has upheld the administration's authority to examine and act against unauthorised structures in border areas, subject to the case-by-case assessment mandated for the newly constituted committee. The ruling effectively places the onus on the panel to balance security imperatives with due process — a framework that could serve as a template for similar drives in other border states.