SC declines to halt Gujarat religious site demolition
The Supreme Court of India upheld its demolition order, warning Gujarat officials of consequences for non-compliance, amid concerns over religious site demolitions.
New Delhi The Supreme Court on Friday declined to issue an order to maintain the status quo against the demolition of certain religious structures, including dargahs and mosques, in Prabhas Patan, Gujarat, but emphasised that state authorities would be held accountable if found in violation of the court’s previous directive.
The Somnath temple is located in Prabhas Patan.
A bench of justices Bhushan R Gavai and KV Viswanathan warned that any breach of its restraining order on demolitions would attract serious consequences, adding that compliance with judicial orders is non-negotiable.
“We are not issuing notice or any interim order... but we clarify that if we find they (state) are in contempt of our previous order, we will not only send them to jail but will also ask them to restore everything... we will order status quo ante,” said the bench, posting the matter to October 16.
The petition, filed by the Summast Patni Muslim Jamat, has sought contempt proceedings against Gujarat authorities for allegedly defying the court’s September 17 order, which directed a temporary halt to all demolitions across the country without prior leave of the court. However, the court had clarified that this order would not apply to unauthorised structures situated in public spaces such as roads, footpaths, or water bodies, nor to structures ordered for demolition by a court of law. The petitioner accused the state authorities of conducting an illegal demolition of several historically and spiritually significant Muslim religious sites in Prabhas Patan on September 28, 2024 without prior notice or an opportunity for a hearing.
Arguing for the petitioner, senior counsel Sanjay Hegde told the bench that the state has contravened the court’s previous order by razing structures, some of which date back to 1309. “The notices served on us did not mention demolition at all,” he added.
Solicitor general (SG) Tushar Mehta, representing the Gujarat government, rebutted Hegde’s claims. Mehta contended that the land in question belonged to the government and municipal proceedings commenced in 2023.
“Proper notices were issued, and personal hearings were also given. They approached authorities, including the Waqf Board, but to no avail. The area is 360 metres away from the Somnath temple. This is abutting a water body and thus, it falls within the exception carved out by this court,” said Mehta. He added that some of the residents of the area also moved the Gujarat high court a day ago but there was no favourable order of staying the demolition or status quo.
Responding, the bench said: “We have already clarified that our protective order will not apply to public land, street or water bodies...So, we will not issue notice. You (state) file your reply.”
At this, Hegde urged the bench to issue an order of status quo. “This is an area of 50-odd acre existing since the time of the State of Junagadh, during the Junagarh kingdom. There are five dargahs, 10 mosques there,” he added.
The court, however, reiterated that if the state has violated its order, they will have to recompense fully.
The Jamat’s petition has claimed that the demolished sites, which include mosques, dargahs, eidgahs, and the residential properties of the custodians (Mutawallis) of these religious places, have existed for centuries. It contended that these demolitions were carried out in blatant disregard for the court’s restraining order, undermining the sanctity of its authority.
Among the demolished sites, the petitioner pointed to Haji Mangroli Shah Baba’s tomb, a structure used by the local Muslim community for over a century, with its ownership resolved by legal decree as early as 1903. The petition emphasised that the defiance of the court’s order has lowered the majesty of the judiciary in the eyes of the public, demanding strict action against the responsible officials.
Earlier this week, justice Gavai’s bench moved closer to setting out nationwide rules to regulate demolition activities as it emphasised that these directives, in a “secular country” such as India, will apply equally across all communities and religions.
The directions will ensure that proper legal procedures, including prior notice through registered post and a reasonable window for contesting orders, are followed before any demolition takes place. The top court also indicated it may require mandatory videography of demolitions and hold officers accountable by mandating recovery of compensation for unjust demolitions.
Reserving its verdict on a clutch of petitions challenging demolitions linked to criminal accusations, the bench underlined on October 1 the need to streamline demolition procedures to avoid arbitrary actions, often referred to as “bulldozer justice”.