SC ASKS BOMBAY HC IF URGENT LISTING WAS DENIED IN DARGAH DEMOLITION PLEA:

In a noteworthy development, the Supreme Court has sought a formal explanation from the Registrar General of the Bombay High Court following serious allegations that a plea seeking urgent relief against the demolition of the Hazrat Satpeer Sayed Baba Dargah in Nashik was denied expedited hearing.

The petition was filed by the Dargah management on April 7 in the Bombay High Court, challenging a demolition notice issued by the Nashik Municipal Corporation on April 1. However, their request for urgent listing was reportedly declined on April 9. With no relief forthcoming, the petitioners escalated the matter to the Supreme Court, asserting that the High Court was not taking up their plea.

On April 16, a bench comprising Justice PS Narasimha and Justice Joymalya Bagchi heard the matter and expressed astonishment at the circumstances, prompting them to seek clarification from the Bombay High Court's Registrar General regarding the refusal to list the matter urgently.

“We are unable to understand what transpired from April 9 till today. Learned counsel submits that they have been trying every day to get the matter listed,” the bench remarked.

Recognizing the urgency of the situation, where a religious structure faced imminent demolition, the Supreme Court bench issued an interim order staying the demolition notice issued by the Nashik Municipal Corporation. The bench emphasized that it had resorted to this exceptional step in light of the serious allegation made by the petitioner’s counsel—that despite repeated and persistent efforts, the Bombay High Court was not listing the matter for urgent hearing.

The justices underscored the gravity of the claim, noting that such a statement could not be taken lightly, particularly when it concerns the denial of access to judicial remedy in a time-sensitive and potentially irreversible situation. The bench further remarked that the counsel must be prepared to take full responsibility for making such a significant assertion before the Court, as it formed the basis for invoking the Court’s extraordinary jurisdiction to intervene.

"We have taken this extraordinary measure in view of the specific statement of the learned 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 request. This is a serious statement and the learned counsel shall take and feel responsibility of the consequence of such a statement."

The Supreme Court has directed the Registrar General of the Bombay High Court to submit a detailed report clarifying the listing status of the plea filed against the demolition of the Hazrat Satpeer Sayed Baba Dargah. The apex court has scheduled the matter for further hearing on April 21, indicating its intent to closely scrutinize the procedural handling of the case by the High Court.

However, in a troubling twist, several media reports suggest that the dargah was demolished just hours before the Supreme Court issued its interim stay order. If confirmed, this development could have significant implications, raising serious concerns about the timing of the demolition and the apparent disregard for the pending judicial process. The Court is expected to consider these aspects during the next hearing.