Gir Somnath Demolitions : Supreme Court Rejects Application Seeking Permission To Conduct 'Urs' At Dargah Stated To Have Been Existing

The Supreme Court on Friday (January 31) dismissed an application seeking permission to conduct Urs between February 1-3 at a Dargah stated to be situated at the Gir Somnath demolitions site.A bench of Justices BR Gavai and AG Masih dismissed the interlocutory application saying that the "prayer cannot be granted without hearing the main matter". It may be noted that a Special Leave Petition challenging the Gujarat High Court's refusal to stay the demolitions is pending in the Supreme Court.Senior Advocate IH Syed appearing for the applicant submitted that the authorities denied permission for Urs saying that there was no Dargah at the site. He submitted that it was an ancient protected monument and the Urs had been conducted for the past several years.Solicitor General of India Tushar Mehta, for the State of Gujarat, submitted the structures encroaching on public land, including temples, were lawfully demolished after following due process. Saying that unauthorised constructions were demolished across all religions, SG asserted that there was no angle of religious discrimination. SG also stated that no protected monument existed at the site and referred to the affidavit filed by the Department of Archaeology to buttress his statement. No religious activities, including Hindu religious rituals, are being permitted on the said land, he added. The Solicitor General referred to his earlier undertaking that the properties won't be allotted to third-parties and said that permission was denied to the Somnath temple trust as well.The Solicitor General also contended that the petitioner's relief cannot be granted in the present application, which is an interlocutory application filed in a contempt petition.The Court passed the order while dealing with an application filed in the contempt case preferred against Gujarat authorities alleging illegal demolition of Pir Haji Mangroli Shah Dargah between September 27-28, without any prior notice and in violation of Court's stay order on demolitions.When the matter was taken up last Monday (January 28), counsel for the applicant/Haji Mangrolisha submitted that Urs is to be conducted between February 1-3 and it is a matter of immense religious significance. In response, Solicitor General Tushar Mehta (for Gujarat) expressed that he was not aware of the applicant's locus and there was no longer any Dargah at the site. The SG further pointed out that pursuant to previous orders of the Court, the lands were under the possession of the government. .What did the application say?Through the application, applicant/Haji Mangrolisha stated that Urs is a religious event conducted every year, when thousands of devotees visit the Dargah. For past many years, authorities have granted permission for Urs and this year as well, the petitioner (through its Mujavar) applied for police permission. However, the District Collector passed a notification under Section 163 BNS prohibiting entry of any individual into the premises of the Dargah. The application further mentioned that the District Collector's order refrained the administrators from performing regular religious activities like, lighting up the premises, putting incense sticks, etc. which were being carried out every day in the Dargah before its "illegal demolition". Additionally, it was alleged that the Dargah had historical inscriptions, gold ornaments, raw materials (oil cans, mounds of millet, etc.) and other materials of historical, religious and emotional significance, which were removed/destroyed during the demolition process.Case Title: HAJI MANGROLISHA S HOUSE Versus D.D. JADEJA AND ORS., Diary No. 50311-2024 Click Here To Read/Download Order

Gir Somnath Demolitions : Supreme Court Rejects Application Seeking Permission To Conduct 'Urs' At Dargah Stated To Have Been Existing

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Gir Somnath Demolitions : Supreme Court Rejects Application Seeking Permission To Conduct 'Urs' At Dargah Stated To Have Been Existing

Debby Jain

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