Supreme Court Asks Bombay HC If Plea Against Demolition Of Dargah Was Refused Urgent Listing
In an extraordinary move, the Supreme Court recently sought an explanation from the Registrar General of the Bombay High Court on an allegation that a petition, which was filed challenging the demolition notice issued by the Nashik Municipal Corporation against Hazrat Satpeer Sayed Baba Dargah, was refused urgent listing.The Dargah management had filed a writ petition in the Bombay High Court...
In an extraordinary move, the Supreme Court recently sought an explanation from the Registrar General of the Bombay High Court on an allegation that a petition, which was filed challenging the demolition notice issued by the Nashik Municipal Corporation against Hazrat Satpeer Sayed Baba Dargah, was refused urgent listing.
The Dargah management had filed a writ petition in the Bombay High Court on April 7 against the demolition notice issued on April 1. The request for urgent listing was allegedly refused on April 9. The petitioner approached the Supreme Court claiming that the High Court was not listing the matter.
A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi, which considered the matter on April 16, expressed surprise at the situation.
“We are unable to understand what transpired from April 9 till today. Learned counsel submits that they have been trying every day to get the matter listed,” the bench remarked.
Noting the urgency of the matter, where a religious structure was at the risk of demolition, the bench passed an interim order staying the demolition notice.
The bench said that it has taken this extraordinary measure in view of the statement made by the petitioner's counsel that the High Court was not listing the matter despite their persistent efforts. The bench said that the counsel should take responsibility for this serious statement.
"We have taken this extraordinary measure in view of the specific statement of the learned senior counsel that efforts were made every day for getting the case listed. We are unsure of the statement made and that the High Court would not have listed the case despite repeated request. This is a serious statement and the learned counsel shall take and feel responsibility of the consequence of such a statement."
The Supreme Court directed the Registrar General of the Bombay High Court to submit a report regarding the listing status of the plea. The matter will be taken up again on April 21.
As per some media reports, the dargah was demolished hours before the Supreme Court passed the stay order.
Senior Advocate Navin Pahwa & Advocate-on-Record Jasmeet Singh, appeared for the petitioner.
Case : Hazrat Satpeer Sayed Baba Dargah v Nashik Municipal Corporation and another