New Delhi: The Supreme Court on Friday sought the response of the State of Gujarat on a contempt petition alleging the illegal demolition of Muslim religious and residential places by authorities at Gir Somnath on September 28.
The Court, however, refused to pass a 'status quo' order on the demolitions.
A bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing a petition filed by Summast Patni Muslim Jamat, a Trust representing the Patni Muslim community
Senior Advocate Sanjay Hegde submitted that the issue related to structures which dates back to 1309.
The Gujarat government had issued notices to the parties in which there was no mention of any demolition, Senior advocate Hegde said.
Hegde said that the actions of the authorities are against the Supreme Court's order of September 17, which directed that there should be no demolition without the prior permission of the Court.
About 5 dargahs, 10 mosques and 45 houses spread over an area of 57 acres were facing the threat, the senior counsel submitted.
He also placed reliance on the recent order of status quo passed by the Supreme Court on Sonpur demolition drive in Assam.
Solicitor General of India Tushar Mehta, appearing for the State of Gujarat, said that the demolition drive was falling within the exception carved out by the Court in the September 17 order in which it was allowed to remove the encroachments in public spaces and lands.
The SG said that in this case the government land has been encroached upon and the proceedings for eviction were initiated in 2023.
Notices were issued and a personal hearing was given to the parties. Although the parties approached several authorities, including the Waqf Tribunal in which no relief was granted to them.
"This is abutting a waterbody, namely the sea. This is 340 meters away from the Somnath temple. So after following the procedure, this action is taken. It falls within the exception carved out by your lordships," the SG submitted.
"We will not issue notice, you file your reply," Justice Gavai told the SG.
Hegde then requested a status quo order.
The SG pointed out that the Gujarat High Court passed a detailed order yesterday declining to direct the status quo against the demolitions in the area.
When Hegde continued to press for a status quo order, Justice Gavai stated that the September 17 order clarified that it wouldn't apply to encroachments in public places and areas abutting waterbodies.
Hegde asserted that the properties won't fall within any of the exceptions. He voiced the apprehension that by the next day of the hearing, the entire properties would be razed down and the status of the whole area would be changed.
Justice Viswanathan asked, How many structures are there?, "9 structures are demolished', the court asked.
"This is an area of 57 acres granted during the old Junagadh state...5 dargahs, 10 mosques and 45 houses...status quo as on today should be maintained," Hegde argued.
However, the bench declined to grant the interim relief and posted the matter to October 16.
The Court clarified 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, Justice Gavai said.
The petition was filed by Summast Patni Musslim Jamat, a Trust representing the Patni Muslim community of Prabhas Patan, stating that, the 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 and without granting any opportunity of hearing against the demolition."
The petition filed through AoR Anas Tanwir sought initiation of contempt proceedings against the Gujarat State's Principal Secretary, Collector and District Magistrate, SP (Gir Somnath) and others as party-respondents.
The petitioner claims that the authorities in Gujarat violated the order dated 17 September by carrying out demolitions without providing any prior notice.