Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Wednesday, 28 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-08-29 allowed

State of Gujarat and Another vs I.R.C.G. and Others

Bench: 2 — Dipak Misra

In Brief

The Supreme Court examined whether Gujarat State must repair mosques and religious places damaged during 2002 communal riots. The High Court had mandated comprehensive restoration through appointed Special Officers. The State contended this would violate Article 27 (no tax proceeds for religion) and constitutional secularism. The Court held that while equal treatment and protection of all religious places is constitutional duty, the State is not obliged to mandatorily repair them. However, a voluntary ex gratia scheme providing uniform assistance to all damaged places of worship, regardless of religion, and equated with individual property assistance, does not violate Article 27. The Court accepted the State's scheme and set aside the High Court's directive, requiring claimants to satisfy conditions precedent and procedural timelines within the scheme framework.

The lawyer headnote and full judgment text are available to registered users.

Constitutional Law Human Rights Religious Rights State Liability Compensation Communal Riots Secularism Administrative Law Article 27

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login