Gir Somnath Demolitions : Supreme Court Agrees To Hear Plea For Conducting Urs Between Feb 1-3

In a case related to the Gir Somnath demolitions, the Supreme Court yesterday agreed to hear an application seeking permission to conduct Urs at a Dargah stated to be situated there between February 1-3. The same has been listed for hearing on January 31.

A bench of Justices BR Gavai and SVN Bhatti passed the order, while dealing with petitions seeking contempt action against Gujarat authorities for alleged demolition of Muslim religious and residential places at Gir Somnath in violation of Court's order dated September 17, 2024.

During the hearing, as the Court indicated that it was adjourning the matter, counsel for the applicant urged that the application may be heard on an earlier date as Urs is to be conducted between February 1-3 and it is a matter of immense religious significance. In response, Solicitor General Tushar Mehta (for Gujarat) expressed that he was not aware of the applicant's locus and now, there was no Dargah at the subject site. The SG further pointed out that pursuant to previous orders of the Court, the lands were under the possession of the government.

Ultimately, listing the application for January 31, the bench orally asked the SG to look into the issue.

Through the application, which has been listed on January 31, petitioner/Haji Mangrolisha states that Urs is a religious event conducted every year, when thousands of devotees visit the Dargah. For past many years, authorities have granted permission for Urs and this year as well, petitioner (through its Mujavar) has applied for police permission. However, the District Collector has passed a notification under Section 163 BNS prohibiting entry of any individual into the premises of the Dargah.

The application further mentions that the District Collector's order has refrained the administrators from performing regular religious activities like, lighting up the premises, putting incense sticks, etc. which were being carried out every day in the Dargah before its "illegal demolition". Additionally, it is alleged that the Dargah had historical inscriptions, gold ornaments, raw materials (oil cans, mounds of millet, etc.) and other materials of historical, religious and emotional significance, which were removed/destroyed during the demolition process.

As such, the act of the respondents in demolishing the Dargah was "not only an act of moral, religious and social attack" but also led to "financial exploitation of the funds donated in the name of the Petitioner Dargah", the petitioner states.

The application has been filed through Advocate-on-Record Pyoli.

Background

After the order staying demolitions across the country was passed by the Supreme Court on September 17, a contempt petition was filed by Summast Patni Musslim Jamat, alleging illegal demolition of Muslim religious and residential places by Gujarat authorities on September 28.

The Trust claimed that authorities in Gujarat violated the 17 September order by carrying out demolitions without providing any prior notice, and sought initiation of contempt proceedings against Gujarat State's Principal Secretary, a Collector and District Magistrate, SP (Gir Somnath). Response to the petition was sought by Supreme Court from State of Gujarat (October 4), However, the Court refused to pass an interim order of status quo with respect to the demolitions, considering a submission by SG Tushar Mehta (for Gujarat) that the demolition drive fell within the exception carved out in the September 17 order for encroachments on public spaces and lands abutting waterbodies.

Another petition, filed by Auliya-e-Deen Committee, Junagadh, challenged a Gujarat High Court order (October 3) which refused to direct a status quo on the demolition of Muslim religious structures and houses in Somnath. In this matter, State of Gujarat undertook before the Supreme Court (October 25) that the lands in Gir Somnath, where demolition of structures was carried out, would remain with the government and not be allotted to any third parties till the next date of hearing in the matter.

Subsequently, another contempt petition was filed against Gujarat authorities, alleging illegal demolition of Pir Haji Mangroli Shah Dargah between September 27-28, without any prior notice and in violation of Court's stay order (September 17) on demolitions. Response was sought on the same on November 11, 2024.

Case Title: SUMMAST PATNI MUSSLIM JAMAT Versus RAJESH MANJHU, THE STATE OF GUJARAT AND ORS., Diary No. 45534-2024 (and connected cases) 

Click Here To Read/Download Order