The Delhi High Court has directed the Union government to provide a proper hearing to all affected individuals before taking any coercive action, including dismantling or demolishing structures located within or outside the premises of the Ajmer Sharif Dargah in Rajasthan.
Justice Sachin Datta, hearing a plea on Monday, also asked the Union Ministry of Minority Affairs to expedite the formation of the Ajmer Sharif Dargah Committee. The bench reiterated that its earlier direction for appointment of members could not be treated as an open-ended timeline, stating the process should be completed “as expeditiously as possible.”
The court made it clear that no step should be taken based on the authorities’ November 22 order without adhering to the principles of natural justice. It said each affected party must receive an opportunity of hearing followed by a reasoned order.
“You cannot just go with a bulldozer and wipe everything out,” the court told the Centre’s counsel while emphasising compliance with due process before removing any structure.
The court was hearing a petition filed by Syed Meharaj Miya, a khadim of the dargah, challenging the Union Minority Affairs Ministry’s directive ordering removal of alleged unauthorised and illegal encroachments on the shrine premises.
Arguing for the Centre, the counsel submitted that illegal structures and temporary setups had been raised in the courtyard, including tables and chairs, which occupants used to bring goods and sell, creating obstructions for devotees.
He further cited security risks in view of an upcoming religious event where nearly five lakh people are expected to visit the dargah.
The bench responded that security considerations did not override the obligation of providing notice and hearing. “Till then if you want to take any precipitative step, you have to give an individual notice to the person concerned,” the judge said.
The petitioner argued that the ministry’s move amounted to sweeping administrative action that infringed upon fundamental rights of a large number of people. He said the order was issued without granting even a basic opportunity of hearing to affected groups.
Earlier, on November 6, the court had directed the government to speed up the constitution of the Dargah Committee, preferably within three months. Expressing displeasure over delay, Justice Datta noted that the government “cannot sit on it.”
The matter has been posted for further hearing on February 23.
