Gir Somnath demolition: SC seeks Gujarat Government reply, refuses to stay

New Delhi [India], October 4 (ANI): The Supreme Court on Friday asked the Gujarat Government to file the reply on plea seeking contempt proceedings against the official concern in relation to alleged demolition of the Dargah and other places in Gir Somnath by Gujarat authorities.

The Supreme Court, however, refused to stay the demolition but clarified that if they find there is contempt of its order in this matter, then it will not only send the alleged erring officials to jail but also order to restore the structure.

A bench of justices BR Gavai and KV Viswanathan made these observations when it was hearing a plea.

The top court listed the matter for October 16 for further hearing. Eventually the top court was inclined to issue notice but Solicitor General Tushar Mehta intervened and said that the eviction proceedings were initiated in 2023 and the land belongs to the government.

SG Mehta also said that the structures were next to a water body and after following the procedure, this action was taken. After hearing the SG, the top court said that it won’t issue notice but seek a reply from the state.

Senior Advocate Sanjay Hegde and Advocate Anas Tanwir, appearing for the petitioners, urged the top court to maintain the status quo. However, the court was not convinced. In the meantime, it made it clear that it will pass the order, which will apply equally to all.

Summast Patni Musslim Jamat has filed a petition through advocate Anas Tanwir and sought to initiate contempt proceedings against Gujarat authorities for wilful and deliberate contravention of the order dated September 17.

On September 17, the top court directed that till the next date of hearing, there shall be no demolition anywhere across the country without seeking leave of this court. However, on September 17, the court clarified that its order would not be applicable if there is an unauthorised structure in any public place, such as a road, street, footpath, abutting railway line or any river body or water bodies, and also to cases where there is an order for demolition made by a court of law.

The organisation said that Gujarat authorities have carried out an early morning illegal demolition of centuries old Muslim religious places of worship, including mosques, eidgahs, dargahs, mausoleums and residential places of Mutawallis of the said dargahs, on September 28, 2024, without issuing any notices for such demolition and without granting any opportunity of hearing.

“The respondents herein, by carrying out the said demolitions, have blatantly defied the aforementioned order, thereby lowering the majesty of the court in the eyes of the general public relaying utter disrespect to the orders of the court,” the petitioner said.

The petitioner, which is a trust representing the Patni Muslim community of Prabhas Patan, sought to protect religious sites that have significant historical and spiritual importance.

“These include Haji Mangroli Shah Baba’s tomb, dargahs, mosques, and graveyards that have been used and revered by the local Muslim community for over a century. The tomb and surrounding graveyards have existed since the time of the State of Junagadh, with the matter of their ownership and usage being resolved as early as 1903 by a legal resolution passed under the supervision,” the petitioner said.