The Supreme Court has stayed in the interim the
demolition notice of the Nashik civic body for razing the Hazrat Saatpeer Sayed
Baba dargah and sought a report from the Bombay high court on non-listing of
the shrine's plea.
According to the sources, the structure was razed by
civic body personnel hours before the court hearing.
The civic body's action against the dargah at Kathe
Galli in Nashik was reportedly carried out during the intervening night of
April 15 and 16.
The hearing in apex court took place on April 16
noon.
A bench of Justices P S Narasimah and Joymala Bagchi
had then noted the petition was filed before the high court on April 7 but not
taken up for hearing.
"In the meanwhile, there shall be a stay of
notice dated April 1, 2025 issued by the respondent number 1 -Nashik Municipal
Corporation as prayed for," the bench ordered and posted the matter on
April 21.
The court's "extraordinary measure" came
after senior advocate Navin Pahwa, who was representing the dargah management,
claimed despite efforts, the matter was not listed in the high court.
"We have taken this extraordinary measure in
view of the specific statement of the 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 requests.
This is a serious statement and the counsel shall take and feel responsibility
for the consequence of such a statement," the bench said in its April 16 order.
The top court then directed the registrar general of
the Bombay high court to send a report about the listing of the petition.
The apex court, while seeking response of the Nashik
Municipal Corporation, noted Pahwa pointing out an "urgency in this
matter" as the property in question, a religious structure, could be
demolished.
He submitted that a writ petition under Article 226
of the Constitution was filed before the high court on April 7, 2025, and he
had been waiting for the matter to be listed since April 8.
"It is specifically stated that the high court
has declined to list the matter ever since," the top court said, recording
Pahwa's submission.
The bench added, "We are unable to understand
as to what transpired from April 9, till today. Counsel submit that they have
been trying every day." The bench then went on to seek the response of the
municipal body and other authorities.