Pleas Challenging Demolition Of Dargahs: Gujarat HC Issues Notice To State And JMC

The Gujarat High Court has recently issued notice to the State Government, Junagadh Municipal Corporations (JMC), the State Waqf Board and other relevant authorities in response to a batch of petitions that challenged the demolition notices issued for purported unauthorized Dargahs.

A single bench of Justice Vaibhavi Nanavati scheduled the matter for further consideration on 27^th June, 2023.

Petitions filed by Sardumsha, Reshamsha Pir Dargah Trust, and Samasth Sunni Muslim oppose the demolition drive targeting religious structures belonging to the Muslim community in Junagadh.

The notices in question were issued by the Senior Town Planner of the Junagadh Municipal Corporation, calling for the removal of alleged illegal encroachments by the Dargahs on public roads. One of the Dargahs affected is the ‘Hazrat Gebansha Pir Dargah’, believed to be over a century old, while the other is the ‘Hazrat Jamiyalsadatar Dargah’.

The petitioners have accused the Junagadh Municipal Corporation, allegedly assisted by the police, of initiating an unlawful demolition drive under the pretext of beautifying the Narsinh Mehta Lake.

In response to the looming demolition threats, the caretakers and Mujavars (custodians) of various dargahs within Upperkot Fort had previously lodged objections with the Mamlatdar (revenue officer) and the Archaeological Department, seeking protection for the Dargahs. With the apprehension of further demolitions, the petitioners approached the High Court last month, resulting in the issuance of a notice to the respondents.

However, despite the court’s “oral direction” and without adhering to proper legal procedures, the authorities proceeded to unlawfully and forcefully demolish certain religious structures during midnight hours under substantial police presence, as claimed by the petitioners.

Consequently, the petitioners filed a Special Civil Application with the Court, challenging the unlawful demolition actions and seeking restoration of the religious structures, compensation, as well as disciplinary and criminal action against the responsible authorities.

It was also brought to the Court’s attention that the Junagadh Municipal Corporation was allegedly planning further illegal demolitions of Dargahs in Junagadh. The petitioners submitted a representation to the authorities, urging compliance with due process of law and the provision of a fair opportunity for a hearing.

The petitions further highlight a recent protest held on June 16, where the police allegedly resorted to lathi-charges and employed tear gas shells against the demonstrators. Additionally, it is claimed that the police unlawfully entered private residences, causing damage to properties, and detained over 100 Muslims. FIRs have been filed against more than 500 individuals in connection with the incident, as stated in the petitions.

The petitioners allege that while there are several structures of other religions located on public roads, the respondents specifically targeted the Muslim religious structures, giving rise to concerns of selective action.

In their latest petitions, the petitioners seek the quashing of the contested notices and an injunction restraining the respondents from any further attempts at demolition, particularly concerning the ‘Hazrat Gebansha Pir Dargah’ situated near Majevadi Darwaja.