The Supreme Court today sought response of the state of Gujarat on a contempt petition alleging the illegal demolition of Muslim religious and residential places by authorities on September 28 at Gir Somnath.
Nonetheless, the apex court refused to pass an interim order of status quo with respect to the demolitions. A bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing a petition filed by Summast Patni Musslim Jamat, a Trust representing the Patni Muslim community of Prabhas Patan.
Senior Advocate Sanjay Hegde contended that the issue was related to structures which date back to 1309. He said that in the notices issued to parties, there was no mention of any demolition, adding that the actions of the authorities are against the Supreme Court’s order of September 17, which ordered that there should be no demolition without the prior permission of the Court. He further submitted that about 5 dargahs, 10 mosques and 45 houses spread over an area of 57 acres were facing the threat. The Senior Advocate also placed reliance on the recent order of status quo passed by the Supreme Court on Sonpur demolition drive in Assam.
Appearing for the state of Gujarat, Solicitor General of India Tushar Mehta, said that the demolition drive was falling within the exception carved out by the Court in the September 17 order for encroachments in public spaces and lands abutting waterbodies. The Solicitor General said that the subject matter of the case is government land and the proceedings for eviction were initiated in 2023. He added that notices were issued and a personal hearing was given to the parties. Though the parties approached several authorities, including the Waqf Tribunal, they got no relief.
Considering the submission, Justice Gavai said that they will not issue notice, and asked the state to file a reply. Subsequently, Senior Advocate Sanjay Hegde requested a status quo order. At this point, the SG pointed out that the Gujarat High Court yesterday passed a detailed order declining to direct status quo against the demolitions in the area.
When Senior Advocate Sanjay Hegde continued to press for a status quo order, Justice Gavai stated that the September 17 order clarified that it won’t apply to encroachments in public places and areas abutting waterbodies. He further asserted that the properties will not fall within any of the exceptions. He also voiced the apprehension that by the next day of the hearing, the entire properties would be razed down and the status quo of the whole area would be changed.
When Justice Viswanathan asked how many structures are left to be demolished, the Senior Advocate said that this is an area of 57 acres granted during the old Junagadh state with 5 dargahs, 10 mosques and 45 houses. He added that the status quo as of today should be maintained.
Nonetheless, the bench declined to grant the interim relief and posted the matter to October 16, clarifying that if the authorities are found to have acted in contempt of the Court order, then they will be held liable to restore the properties.
The plea is lodged by Summast Patni Musslim Jamat, a Trust representing the Patni Muslim community of Prabhas Patan, stating that respondents herein 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 plea claimed that the authorities in Gujarat violated the order 17 September by carrying out demolitions without providing any prior notice. It sought initiation of contempt proceedings and impleads Gujarat State’s Principal Secretary, a Collector and District Magistrate, SP (Gir Somnath) and others as party-respondents.