PIL Against Alleged Conversion Of Dargah To Temple: Gujarat High Court Refuses To Order Status Quo, Issues Notice

The Gujarat High Court on Friday refused to issue an order of status quo on a Public Interest Litigation (PIL) plea moved by a Muslim Organisation against the alleged conversion of 600-year-old Pir Imam Shah Bawa Dargah on the outskirts of Ahmedabad to Hindu religious places.

The Bench of Chief Justice Aravind Kumar and Justice Mauna Bhatt however issued notices to the State Government, Ahmedabad collector, deputy collector, mamlatdar, superintendent police, police inspector of the concerned police station and the Imamshah Bawa Roza Trust.

Essentially, Sunni Awami Forum has moved the PIL plea before the Court against the alleged conversion of the place of worship (Dargah of Pir Imam Shah Bawa). In thier plea, they have alleged that Dargah and surrounding Muslim religious places are being converted to Hindu religious places in violation of the Places of Worship Act, 1991.

It has been averred in the plea that under the guise of renovation permission, last year the graves of the daughter-in-law (of Pir Imam Shah Bawa) and others were broken and paved over and there had been attempts by the dargah trust and a few miscreants to convert the Muslim shrine into a temple.

The plea further submits that despite the submission of the representations to the police and higher authorities alleging that the renovation permission/approval had been used to turn the entire nature of the religious place, no action was taken against the alleged conversion.

"The pious graves of heirs of Pir Imam Shah Bawa before the mosque were cordoned off...Between this structure which is sought to be converted and the mosque and the other structure, a wall comes up, cordoning off the entire area...On the top of the mosque, there is a pennant of another religion fluttering...On the sacred shrine, a chair was put up and an idol...The holy Karbala wall where all pious Muslims go, is paved over; idols are installed and currently, extensive construction is underway in the middle of the ground...Something in which faith is reposed, completely, slowly and steadily over the period of one year (gets changed)," Senior Advocate Mihir Joshi submitted before the Court.

The petition has also alleged that the "illegal and unlawful actions" of installing idols on the dargah premises were being undertaken by the trust "in collusion with" state authorities. It also claims that minarets of the religious structure have also been modified.

Further, seeking a status quo on the alleged conversion of the religious place, Joshi further submitted that there was a need to preserve the shrine which was going undergoing rapid changes and the temple coming up there, however, the Court refused to grant an order of the status quo.

"Kindly consider stopping the construction...preserve the position. This is not a mandatory direction I am seeking...the photographs will indicate that construction is going on a fast scale...This will be over by then (next hearing)...the entire nature will change before that. Your lordship can see the photographs of the scale of construction," Joshi pleaded before the Court.

However, stressing that the Court shall not issue any direction without hearing the other side, the Court issued the notices to the respondents and listed the matter for further hearing on August 8, 2022.

Senior Advocate Mihir Joshi appeared along with AOR Rizvan Shaikh.