SC declines to interfere with nod for animal sacrifice at Kolhapur fort dargah
The Supreme Court on Friday declined to interfere with a prior judicial order that allowed animal sacrifice during Eid al-Adha and urs (annual gathering) at a Sufi shrine within the Vishalgad Fort precincts in Maharashtra's Kolhapur district.
A bench of justices Sanjay Karol and Satish Chandra Sharma said there was no urgency in hearing the matter, particularly since the Bombay high court's order imposed conditions on the religious rituals. When counsel opposing the high court's order argued that Vishalgad Fort is a protected monument under state law, the bench pointed out that religious practices are routinely observed in protected monuments across the country.
On June 4, the Bombay high court permitted animal sacrifice for the Islamic festival of Eid al-Adha and the urs. It clarified that the permission extended not just to the Dargah (shrine) Trust but also to individual devotees participating in the religious observances.
The high court was hearing an interlocutory application filed by the Hajrat Peer Malik Rehan Mira Saheb Dargah Trust, which challenged a directive issued by the deputy director of archaeology prohibiting animal sacrifice within the fort premises.
Noting that a coordinate bench ruled on the issue earlier this month, the high court held: 'Considering the fact that a coordinate bench of this court in its order dated June 14, 2024, has already dealt with the issue and permitted prayer A of the present interlocutory application, the same shall continue for the festival of Bakrid [Eid al-Adha], which is on June 7, and the urs from June 8 to 12.'
The June 14, 2024, order imposed specific conditions on the animal sacrifices, stating they must take place only in private, enclosed premises, specifically at Gate No 19, which is privately owned by Shri Mubarak Usman Mujawar, and not in any public area. The high court emphasised that these conditions must be strictly followed.
During the hearing before the high court, the Dargah Trust informed the court that police were not allowing access to the dargah after 5pm. The court replied that this issue would be addressed by the regular court.
The dispute began in 2023 when the Dargah Trust approached the court after the deputy director of archaeology prohibited animal sacrifices within the fort, citing the Maharashtra Ancient Monuments and Archaeological Sites and Remains Act. The authorities reportedly relied on a 1998 ruling by the Aurangabad bench of the Bombay high court, which held that animal sacrifice in the name of gods or goddesses in public places was strictly prohibited.
In response, the trust contended that the sacrifices are part of an 'age-old practice' conducted on private land, approximately 1.4 km from the fort, and that the meat is distributed to pilgrims and local villagers. Despite the deputy director's prohibition, the trust maintained that its religious practices were not conducted in public spaces or on protected land.
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