Supreme Court Refuses To Pass Status Quo Order Against Demolitions In Somnath, Seeks Gujarat's Response

The Supreme Court on October 4 (Friday) sought the response of the State of Gujarat on a contempt petition alleging illegal demolition of Muslim religious and residential places by authorities on September 28 at Gir Somnath.

However, the Court refused to pass an interim order of status quo with respect to the demolitions.

A bench of Justices BR Gavai and 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, for the petitioner, submitted that the issue relates to structures which date back to 1309. In the notices issued to parties, there was no mention of any demolition, Hegde said, adding 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 informed. He also placed reliance on the recent order of status quo passed by the Supreme Court on Sonapur demolition drive in Assam.

Solicitor General of India Tushar Mehta, 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 for encroachments on public spaces and lands abutting waterbodies. The SG submitted that the subject matter of the case is government land 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, they got no relief. 

"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.

When Hegde requested for a status quo order, 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 Hegde continued to press the request, Justice Gavai stated that the September 17 order clarified that it won't apply to encroachments in public places and areas abutting waterbodies.

Hegde asserted that the properties don't fall within any of the exceptions and voiced an apprehension that by the next day of the hearing, the subject properties may be razed down and status quo of the whole area changed.

"9 structures are demolished. How many structures are there?" Justice Viswanathan 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 responded.

However, the bench declined to grant the interim relief and posted the matter to October 16, while 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.

"If we find that they are in contempt of our order, we will ask them to restore the status quo ante," Justice Gavai said.

Background

The petition was filed by Summast Patni Musslim Jamat, 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 28.09.2024 without issuing any notices for such demolition and without granting any opportunity of hearing."

The petitioner claims that the authorities in Gujarat violated the order dated 17 September by carrying out demolitions without providing any prior notice. It seeks initiation of contempt proceedings and impleads Gujarat State's Principal Secretary, a Collector and District Magistrate, SP (Gir Somnath) and others as party-respondents.

The petition is filed through AoR Anas Tanwir.

Case Title: Summast Patni Musslim Jamat v. State of Gujarat and Ors. in Jamiat Ulama I Hind v. North Delhi Municipal Corporation, Writ Petition (Civil) No. 295 of 2022