SC denies stay order for Gujarat demolition drive

New Delhi: The Supreme Court on Friday refused to issue a stay order for the ongoing demolition drive in Gujarat’s Gir Somnath, where mosques and homes of Muslims are allegedly being illegally razed.

A bench comprising Justices BR Gavai and KV Viswanathan issued a notice in the matter, but declined to pass an order to maintain status quo.

The apex court assured that it would order state authorities to rebuild demolished structures, if it finds that the 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,” said the bench.

The court was hearing a contempt of court petition against the Gir Somnath collector 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 on behalf of the petitioners. They 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 Gujarat 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,” he 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 (October) 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.