Supreme Court allows Nashik dargah trustees to withdraw plea

Mumbai: The trustees of the Hazrat Saatpeer Sayed Baba dargah in Nashik, which was demolished last week by the Nashik Municipal Corporation (NMC), have withdrawn their petition from the Supreme Court after the apex court indicated that the Bombay High Court may list the matter for hearing this week, should the petitioner wish.

In its order on Monday, the Supreme Court noted that the senior counsel representing the petitioner sought to withdraw the Special Leave Petition, and the request was granted. The bench, consisting of Justices P.S. Narsimha and Joymalya Bagchi, further stated that if the petitioner’s counsel requests, the Bombay High Court may list the matter during the course of this week. The Court emphasized that it had not expressed any opinion on the merits of the case, leaving it to the High Court to consider and pass judgment on its own.

The Supreme Court also acknowledged the receipt of a report from the Registrar General of the Bombay High Court, outlining why the dargah committee's plea challenging the April 1 notice had not yet been listed for hearing.

Tabrez Inamdar, the chairman of the dargah committee, told The Indian Express that they will now pursue the petition in the Bombay High Court. "After today's hearing in the SC and the assurances that our petition will be heard, we will approach the Bombay High Court with our petition," he stated.

The legal conflict between the dargah trustees and the NMC began after the NMC demolished a gate, boundary wall, and the front portion of the property on February 22. In response, the trustees filed a writ petition in the Bombay High Court on February 26, arguing that the demolition was "arbitrary" and violated a directive from the Waqf Tribunal.

On March 12, a division bench of Justices A.S. Gadkari and Kamal Khata asked the petitioner to provide documentation establishing the legality of the structure. The petitioner’s lawyer admitted that no such documents were available as of that date, with the court noting that the structure appeared "wholly unauthorised and illegal," prompting the NMC to proceed with the demolition.

On April 1, 2025, the NMC issued a new notice ordering the voluntary removal of the remaining structures within 15 days. When the dargah trustees again sought to challenge the demolition in the Bombay High Court, the NMC demolished the entire dargah on April 16 before the petition could be heard. The demolition led to violent clashes, resulting in over 30 arrests, mostly from the Muslim community, and injuries to approximately three dozen police officers.