The Supreme Court on Friday declined to issue any order to stay a demolition drive in Gujarat, whereby Islamic structures and houses of Muslims are allegedly being illegally demolished in the Gir Somnath district of the State [Summast Patni Musslim Jamat v Rajesh Manjhu the State of Gujarat and ors].
A Bench of Justices BR Gavai and KV Viswanathan issued notice in the matter, but declined to accede to a request to pass an order of status quo.
The Court assured that it would order the State to rebuild demolished structures, if it finds that any such action was taken in violation of the Court's earlier directions against illegal demolitions or "bulldozer justice."
"If we find contempt, we will order them to rebuild the structures," the Court said.
The Bench was hearing a contempt of court petition against the Collector of Gir Somnath and other officials over the alleged illegal demolition of the Dargah Mangroli Shah Baba, Eidgah and several other structures located in Prabhas Patan, Veraval and Gir Somnath.
The petition was filed through advocate Anas Tanwir and drafted by advocates Ebad Ur Rahman and Juned Shelat.
Senior Advocate Sanjay Hegde and advocate Anas Tanwir appeared for the petitioners today and expressed concern that the State may resort to building something else over the demolished structures if no interim relief is granted by the Court.
They also pointed out that the top court has already issued a status quo order in another similar case concerning a demolition drive in Assam's Sonapur.
"Five dargahs, twenty-five mosques ... Let there be status quo ... We apprehend that things will be built over the graves in the interim. Give us some protection," Hegde urged the Court.
This was opposed by Solicitor General Tushar Mehta who represented the Gujarat government and submitted that the High Court had already declined to order status quo by a reasoned decision.
"Let me file reply. This was next to a water body. Status quo was refused by speaking order," Mehta said.
The Court eventually declined to issue any stay order, adding that it would pass compensatory directives (rebuilding of demolished structures) if required later.
"We can direct status quo ante. We will have it on 16th. We are making it clear that we will pass an order that equally applies to everyone. Wait till then," the Court told the petitioners.
Notably, the same Bench had recently passed an interim order, banning authorities from demolishing properties of those suspected of criminal activities (a move often referred to as "bulldozer justice") without first seeking the Court's permission. The Court, however, clarified that this order would not affect the demolition of illegal structures.
It had also reserved its decision in the matter, which concerns a batch of petitions seeking directions to the Central and State governments to refrain from bulldozing the homes or shops of those accused in criminal proceedings as an extra-legal punitive measure.
[Read Live Coverage]