'Unconstitutional demolition': SC seeks response from Gujarat govt for razing 500-yr-old dargah

The Supreme Court has sought a response from the Gujarat government and authorities concerned regarding the demolition of a 500-year-old Pir Haji Mangroli Dargah in the Prabhas Patan area of Veraval, Gir Somnath district, Gujarat. The dargah was razed between September 27 and 28 this year.

The notice from the apex court comes after a contempt petition was filed in the court by Sammast Patni Muslim Jamaat, an organisation representing the Patni Muslim community of Prabhas Patan.

A bench of Justices BR Gavai and KV Viswanathan observed that, "It may be recalled that the Supreme Court order has been violated by Gujarat authorities, mandating that permission of the Court would be necessary to bulldoze structures, except those on public land. The same was passed in a batch of petitions challenging the authorities' demolition actions against houses of persons accused of crimes, as a punitive measure."

'Spritual and religious value'

"The dargah held significant religious and spiritual value and was protected under the Ancient Monuments Act. However, a large police force arrived and demolished it without providing a fair opportunity to be heard. To prevent the demolition, people present at the Dargah lay down in front of the bulldozers. But the police force subjected them to severe physical violence to proceed with the demolition," read the petition by Samast Patni Muslim Jamaat.

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"The Dargah is located in an area reserved for public government purposes since 1947. It has been registered in the name of Haji Mangroli Shah since 1922. The Income Tax Department exempted the dargah authorities from filing Income Tax since 1979. Subsequently, a letter was issued in 2005 by the Office of the Additional Archaeologist, Department of Archaeology, Gujarat, declaring the Dargah a state-protected monument," the petition further stated.

'Violation of SC's order'

Advocate Saquib Ansari, who is representing the case in the Gujarat High Court, said: "This whole demolition drive is in violation of the Supreme Court’s order of September 17, 2024, that mandates that no demolition can be carried out across the country without its permission until October 1, except for illegal constructions on public roads, footpaths, railway lines, or public places. Yet, the Gujarat government saw fit to proceed with a massive demolition drive that displaced thousands of Muslims and razed several ancient shrines, including Haji Mangroli Dargah, Shah Silar Dargah, Garib Shah Dargah, and Jafar Muzaffar Dargah. The Haji Mangroli Shah Dargah dates back to 1924, with references found in revenue records from the erstwhile Junagadh princely state."

In an interview with The Federal, Ansari said, "In September 2024, the Auliya-e-Deen Committee received a notice from the district authorities about the impending demolition, claiming that the dargah and around 500 homes belonging to Muslim fishermen in Prabhas Patan, a coastal slum in Veraval, Somnath, were on encroached land of Shree Somnath Port Trust. After which, the Auliya-e-Deen Committee, the dargah's caretaker approached the Gujarat HC seeking protection against any coercive action the local authorities might take to carry out the demolition."

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In response to the petition, the HC said, "The court expresses dissatisfaction with the grossly illegal and unconstitutional demolition."

"But the Office of the Deputy Collector of Gir Somnath accused the petitioner of suppressing the truth and intentionally withholding relevant information in the next hearing. The court had then set the case for another hearing. However, the district authorities did not wait and carried out the demolition," added Ansari.

Contempt petition

A contempt petition was then filed by the Muslim residents of Prabhas Patan, most of whom are fishermen by profession.

"The administration sent notices to residents and the dargah administration 20 days before the demolition, though the latter claim they received no warning," said DD Jadeja, the collector of Gir Somnath, when asked about the demolition. "I can’t comment any further as the case is sub judice," he added.

Earlier in October this year, Jadeja told The Federal that the land targeted in the anti-encroachment drive belonged to the Shree Somnath Trust, which manages the Somnath temple. Following a court ruling, the encroachments were removed from 15 hectares of land worth ₹ 60 crore.

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Among the structures demolished in the Prabhas Patan area of Veraval were homes belonging to local Muslim fishermen, a mosque, several dargahs, and a graveyard.

The move sparked protests in the district, leading to the arrest of several Muslim fishermen.Approx imately 800 police personnel were deployed until September 30 to prevent displaced residents from returning. Since then, Section 163 of the Bhartiya Nagarik Suraksha Sanhita, which prohibits the assembly of five or more persons, has been imposed in the district.