'Dont Bring Muslim-Hindu Here, It's A Publicity Interest Litigation', Says Gujarat HC In PIL Against Alleged Conversion Of Dargah To Temple

Hearing a Public Interest Litigation (PIL) plea filed by a Muslim Organisation against the alleged illegal conversion of 600-year-old Pir Imam Shah Bawa Dargah on the outskirts of Ahmedabad to Hindu religious places, the Gujarat High Court on Tuesday rebuked the petitioner's advocate by asking him not to 'bring Hindu-Muslim in the Court'.

During the course of the hearing, when the Court was informed by the petitioner's counsel that he was representing a trust that espouses the cause of the Muslim community, Chief Justice Sunita Agarwal remarked thus:

"You are not espousing the cause of a community. Don’t bring Muslim-Hindu here. You are raising a dispute with regard to the identification of a property. So, don’t bring any community here. Please don't do this."

Essentially, the PIL plea has been moved by a trust (Sunni Awami Forum) against the alleged illegal conversion of the place of worship (Dargah of Pir Imam Shah Bawa). In their 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.

Last year, the HC 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.

Now on Tuesday, when the matter came up before the bench of Chief Justice and Justice Aniruddha P. Mayee, the counsel was confronted with a query as to whether he was a trust or a waqf, he admitted that it was a waqf, however, he added that he was not clear and sought time for clarification.

To this, the Court said that the petitioner's whereabouts are not known and that it was a Public Interest Litigation. The bench also remarked that if the case is about the misuse or misutilization of property of the waqf, then the waqf tribunal can decide on the issue.

Further, the Court also rejected an application filed by another NGO, Bharat Mukti Morcha seeking impleadment in the PIL as the Court opined that it was not a necessary or a proper party. With this, the main matter has been kept for further hearing on September 2.

The background of the matter

The PIL Plea by Sunni Awami Forum submits 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 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.