The Supreme Court on Wednesday sought an explanation from the Bombay High Court Registrar as to why a plea challenging a demolition notice issued by the Nashik Municipal Corporation against the Satpeer Dargah was not urgently listed, legal portal Bar & Bench has reported. A bench of Justices PS Narasimha and Joymalya Bagchi noted that there is urgency in the matter as the religious structure could be demolished.
While staying the notice and noting that the plea was filed before the High Court on April 8 and sought to be listed since April 9, the Court said, “We are unable to understand as to what transpired from 9th of April till today. Learned counsel submits that they have been trying every day (to get the matter listed).”
The Court stated that it was resorting to the extraordinary measure of staying the demolition because as per the petitioner, the HC has not heard the case. The court noted, “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.” It directed the Registrar General of the High Court to send a report about the listing of the writ petition. The matter will be heard next on April 21.
The Dargah has been in the eye of a storm, with civic authorities carrying out a demolition drive around the structure. The petitioner argued though a plea was filed before the High Court, it has not come up for listing ever since it was filed on April 8. Senior Advocate Navin Pahwa along with Advocate-onRecord Jasmeet Singh appeared for the petitioner
