SC cites exemption in previous order to refuse to stay bulldozing of mosques and dargahs in Gujarat

The Supreme Court, while refusing to issue a status quo on the demolitions of Muslim religious and residential structures by authorities on September 28 in Gir Somnath, Gujarat, stated that the earlier Supreme Court order staying any bulldozing until further notice did not prevent the demolition of encroachments in public areas, disregarding the age of the mosque and dargah on October 4.

The court also sought a response from the State of Gujarat regarding a contempt petition alleging the illegal demolitions. Senior Advocate Sanjay Hegde said that the authorities had demolished the structures in question, which date back to 1309, and emphasized that the notices issued prior to the demolitions did not mention any such action, livelaw.in reported.

A bench comprising Justices BR Gavai and KV Viswanathan was hearing a petition filed by the Summast Patni Muslim Jamat, a Trust representing the Patni Muslim community of Prabhas Patan.

Hegde further contended that the authorities' actions contravened the Supreme Court's order issued on September 17, which stipulated that no demolitions should occur without prior court permission.

Hegde detailed the severity of the situation, stating that approximately five dargahs, ten mosques, and 45 houses, encompassing a total area of 57 acres, were threatened with demolition. He referenced a recent Supreme Court order that maintained a status quo during a similar demolition drive in Assam, suggesting that the same principle should apply in this case.

In response, Solicitor General Tushar Mehta, representing the Gujarat government, stated that the demolition drive fell within an exception outlined in the September 17 order concerning encroachments on public spaces and lands near water bodies.

He claimed the subject properties were government land, with eviction proceedings initiated in 2023. Mehta also asserted that notices were duly issued and personal hearings provided to the affected parties. He further pointed out that the structures in question were located 340 meters from the Somnath temple and were adjacent to a water body.

Justice Gavai instructed Mehta to file a response without issuing a notice. When Hegde requested a status quo order, Mehta highlighted that the Gujarat High Court had issued a detailed ruling the previous day, declining to maintain the status quo regarding the demolitions. Despite Hegde’s persistent requests, Justice Gavai clarified that the September 17 order specifically exempted encroachments in public areas and those bordering water bodies.

Hegde expressed concern that the properties might be demolished before the next hearing. Justice Viswanathan sought clarity on the number of structures affected, to which Hegde replied that nine structures had already been demolished, stressing that the area in question, granted during the old Junagadh state, included five dargahs, ten mosques, and 45 houses. Hegde urged that the status quo as of the day of the hearing be preserved.

The bench ultimately declined to grant interim relief but scheduled the matter for hearing on October 16, cautioning that if it is determined that authorities acted in contempt of the court's previous order, they would be held accountable for restoring the properties. Justice Gavai stated, "If we find that they are in contempt of our order, we will ask them to restore the status quo ante,” livelaw.in reported.

The petition was filed by Summast Patni Muslim Jamat, which contended that the demolitions conducted by the respondents on September 28 occurred without any prior notice or opportunity for a hearing, thereby violating the Supreme Court’s order from September 17.

The petition also seeks to initiate contempt proceedings against various officials, including Gujarat's Principal Secretary and the District Magistrate of Gir Somnath, among others, as party respondents. The petition was filed through Advocate on Record Anas Tanwir.