Afzal Khan's Tomb Untouched, Only Illegal Structures Near It Demolished : Maharashtra Govt Tells Supreme Court
The State of Maharashtra told the Supreme Court on Monday that only the unauthorised structures around the tomb of Afzal Khan in Satara were demolished and the tomb was left untouched.Senior Advocate Neeraj Kishan Kaul, appearing for the State, invited the attention of the bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha to the report and the photographs...
The State of Maharashtra told the Supreme Court on Monday that only the unauthorised structures around the tomb of Afzal Khan in Satara were demolished and the tomb was left untouched.
Senior Advocate Neeraj Kishan Kaul, appearing for the State, invited the attention of the bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha to the report and the photographs submitted by the Deputy Conservator of Forests and District Collector, Satara, in pursuance of an earlier direction issued by the Court.
While the demolition had been carried out, the State's counsel said, the tomb of Afzal Khan had not been touched and it was only 2 Dharamshalas with 19 rooms which were inside the forest land which had been demolished.
Advocate Nizam Pasha, appearing for the petitioner, the Haz Mohd Afzal Khan Memorial Society, submitted that the structures were not unauthorised and the demolition was illegal.
"They should be directed to reconstruct it since there cannot be fait accompli. My proceedings cannot be rendered infructuous due to the high handedness of the state". The lawyer stressed that the tomb is a protected historic monument.
Taking note of the reports submitted by the State authorities, the bench disposed of the interlocutory application filed by the Society against the demolition as infructuous. Nothing survives as the demolition has been carried out, the bench noted. However, the bench agreed to list the main petition filed against the 2017 order of the Bombay High Court for hearing.
Afzal Khan was a General who served the Adil Shahi dynasty of Bijapur Sultanate in India. He was involved in the southern expansion of the Bijapur Sultanate by subjugating the Nayaka chiefs who had taken control of the former Vijayanagara territory and was defeated and killed by Chhatrapati Shivaji Maharaj on 20.11.1659.
A Public Interest Litigation was filed before the Bombay High Court. The Court, inter alia, held that the tomb was in a forest area and directed its demolition. Thereafter a contempt petition was filed apprising the High Court that in spite of its order, the unauthorized constructions in forest area, particularly in Pratapgarh were not removed by the authorities. The High Court directed the Government to file an affidavit with details of demolition activities carried out with certain specifications. The interim order came to be challenged before the Apex Court. While issuing notice, on 27.03.2017, the Supreme Court had requested the High Court to defer the contempt proceedings. On 26.05.2022, there were rumours that there were orders to demolish the said tomb.
In the second week on November, citing certain media reports regarding the move of the authorities to demolish the tomb, the Society filed the present application.
CASE TITLE: Hazrat Mohd. Afzals Khan's Memorial Society v. Milind Ramakant Ekbote And Ors. SLP(C) No. 25320-25321/2012