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During the hearing, the Solicitor General said that the wall being 12 feet long was merely an allegation made by the petitioner's counsel
While questioning the necessity of constructing a 12-feet-high compound wall near Gir’s Somnath Temple, the Supreme Court of India on Monday told the Gujarat government that a 5–6 feet wall would be reasonable.
A bench comprising Justices B.R Gavai and A.G. Masih was dealing with contempt petitions filed concerning Gir Somnath's demolitions.
During the hearing, Solicitor General Tushar Mehta, appearing for Gujarat, clearly stated that the claim regarding the wall’s 12-foot height was merely an allegation made by the petitioner’s counsel.
Mehta further went on to clarify that the wall was intended to protect the site from encroachments.
Justice Gavai, while responding to the submission, said that the wall should be of a reasonable height. He asked Mehta to ensure that the concerned local collector was appropriately instructed about the same.
Accordingly, Mehta assured the court that necessary directions would be issued.
On the other hand, Senior Advocate Sanjay Hedge, appearing for the petitioner, contended before the bench that the authorities attempted to change the status quo by constructing a compound wall.
The matter is now listed for hearing on May 20, 2025.
Brief Background
On 31 January, the top court had dismissed a petition seeking to hold the “Urs” festival between February 1 and February 3 at a dargah in Gujarat's Gir Somnath district, which had previously been demolished for encroaching on government land.
The same bench had noted submissions of Solicitor General Tushar Mehta, appearing for the Gujarat government, wherein he had stated that unauthorised constructions, including temples, had been demolished from government land.
Mehta had also said that no activities, including Hindu religious rituals, were permitted on the cleared land.
In October last year, Solicitor General Tushar Mehta informed the top court that there was serious suppression of facts by Auliye-e-Deen Committee, which had challenged the demolition of nine religious Muslim places of worship, graveyards, hutments, some of which were protected ancient monuments in Gir Somnath, Gujarat.
"It started 5 months back, in the same survey number we started removing encroachments...Nobody has told the court that this is pending from 2020 and MANY TEMPLES HAVE ALSO BEEN DEMOLISHED..", SG Mehta told a bench of Justices BR Gavai and KV Vishwanathan.
The said committee had approached Supreme Court of India challenging the illegal demolition of more than 9 Muslim places of worship and several graves/qabars and other structures existing since more than a century in lands in Prabhas Patan, District Gir Somnath, earlier State of Junagadh.
It was submitted that representatives of the Petitioner Committee were detained at the office of the Collector on 27.09.2024, and on 28.09.2024, at 5 AM in the morning, and demolitions of all the nine religious places were carried out alongwith the other graves and hutments without letting the persons concerned remove their belongings including religious scriptures and holy books.
Top Court recorded the assurance given by SG Mehta that possession of the disputed land would remain with the State government till the next date of hearing.
However, the bench refused to order a status quo as prayed by Senior Advocate Huzefa Ahmadi, appearing for the Committee, who submitted, "Overnight they have proceeded and demolished the structures..please let status quo be maintained..this is registered as a waqf, there are panchnama proceedings..".
The Supreme Court had refused to stay demolition of structures near Gujarat's Somnath temple in a petition filed by Summast Patni Muslim Jamat.
Case Title: SUMMAST PATNI MUSSLIM JAMAT VERSUS RAJESH MANJHU, THE STATE OF GUJARAT & ORS.
Inputs from PTI
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