New Delhi: The Supreme Court today refused to issue an order to maintain the status quo regarding the demolition of allegedly illegal religious structures, near Somnath temple in Prabhas Patan of Gujarat. However, the court stressed that state authorities would be held responsible if they were found to be in violation of its prior directive.

Justices Bhushan R. Gavai and K.V. Viswanathan warned that any breach of their restraining order on demolitions would result in serious consequences, stating 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,” the bench noted, scheduling the matter for October 16.

The petition, filed by the Summast Patni Muslim Jamat, seeks contempt proceedings against Gujarat authorities for allegedly disregarding the court’s September 17 order, which mandated a temporary halt to all demolitions nationwide without prior court approval. The court clarified that this order does not apply to unauthorized structures in public spaces, such as roads and water bodies, or to structures ordered for demolition by a court of law.

The petitioner accused state authorities of illegally demolishing several historically and spiritually significant Muslim religious sites in Prabhas Patan on September 28, 2024, without prior notice or a chance for a hearing. Senior counsel Sanjay Hegde, arguing for the petitioner, stated that the state contravened the court’s previous order by demolishing structures that date back to 1309.

In response, Solicitor General Tushar Mehta, representing the Gujarat government, countered Hegde’s claims, asserting that the land in question was government property and that municipal proceedings commenced in 2023. “Proper notices were issued, and personal hearings were also provided. They approached authorities, including the Waqf Board, but to no avail.”

“This is abutting a waterbody, namely the sea. This is 340 meters away from the Somnath temple. So after following the procedure, this action is taken. It falls within the exception carved out by your lordships,” Mehta added. He noted that some residents had approached the Gujarat High Court the day before, but no favorable order had been issued to stay the demolition or maintain the status quo.

The bench responded, stating, “We have already clarified that our protective order does not apply to public land, streets, or water bodies…So, we will not issue notice. You (the state) file your reply.” At this, Hegde urged the bench to issue a status quo order, emphasizing that the area encompasses over 50 acres that have existed since the time of the State of Junagadh, containing five dargahs and ten mosques.

\However, the bench declined to grant the interim relief and posted the matter to October 16, while clarifying that if the authorities are found to have acted in contempt of the Court order, then they will be held liable to restore the properties. DeshGujarat