Supreme Court asks Gujarat authorities to respond to contempt petition over illegal demolition of Dargah in Somnath

The Supreme Court yesterday called for a reply to a contempt petition filed against the Gujarat government alleging illegal demolition of the Pir Haji Mangroli Shah Dargah between September 27 and 28 without any prior notice and in violation of a court order. order of stay for demolition

Bench with Justices BR Gavai and KV Viswanathan heard the case He was next listed on December 2.

It may be recalled that the Supreme Court’s stay order, which was challenged by the Gujarat government, had stipulated that the Court’s prior permission would be required for bulldozing buildings, except those on government land. The same was accepted in a package of appeals regarding the authorities taking action to demolish the houses of persons accused of committing crimes as a measure of punishment. The orders remain reserved in this matter, but the stay on demolition continues (in terms of the order under which the orders were reserved).

Following the court’s stay order (September 17), the Summast Patni Musslim Jamat filed a contempt petition alleging the illegal demolition of Muslim religious and residential buildings by the Gujarat authorities on September 28. Another petition appealed Judgment of Gujarat High Court (October 3), which refused to grant status quo on the demolition of Muslim religious buildings and houses in Somnath.

October 25, Gujarat took up to the court that the land in Gir Somnath, where the structures were demolished, will remain with the government and will not be given to third parties till the next date of hearing in the case.

In this case, the petitioner contends that the object of the Dargah had great religious and spiritual sentiments attached to it and was protected under the Ancient Monuments Act. However, a huge police force arrived and destroyed it without giving anyone a chance to be heard.

“Police officers gathered on 09/27/2024 and destroyed a large part of the Dargah, i.e. the premises. Over the next 24 hours, a full-scale demolition was carried out as they kicked the Mazar-e-Sharif premises and also damaged the Quran-e-Sharif.’

It is further alleged that in order to prevent the destruction, the people who were present in the Dargah lay down in front of the bulldozers. But the police subjected them to severe physical violence.

Regarding the history of the area in question, the plaintiff claims that the Dargah is located in the area reserved for state purposes since 23.02.1947. It has been registered in the name of Haji Mangroli Shah since 1922. The Income Tax Department exempted the petitioner from filing income tax on 23.02.1979. Subsequently, on 24 February 2005, the Office of the Additional Archaeologist, Department of Archaeology, Gujarat, issued a letter declaring the Dargah a State protected monument.

“This premises has been a religious site since Rajshahi times and is protected under the Ancient Monuments Act. However, the learned Collector Geer Somnath at Veraval has illegally and arbitrarily ordered the review of the title card and the relevant notations made thereon and to cancel it in total violation of the principle of natural justice vide order dated 27.09.2024.”

It is further alleged that the Collector’s order dated 27.09.2024 canceling the contract in favor of the plaintiff was served on him on 29.09.2024 after the demolition of the entire Dargah.

The petition was submitted through AoR Pyoli.

Case name: HOUSE OF HAJI MANGROLISHA v. DD JADEYA AND OTHERS, Diary No. 50311-2024