The Supreme Court bench of CJI D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala announced on Thursday that it would hear an application seeking a stay of the demolition of Afzal Khan's tomb (dargah) in Pratapgarh, Satara, and Maharashtra. The Haz Mohd Afzal Khan Memorial Society filed the application.
Afzal Khan was an Indian general who served the Adil Shahi dynasty of the Bijapur Sultanate. He was involved in the Bijapur Sultanate's southern expansion by subjugating the Nayaka chiefs who had taken control of the former Vijayanagara territory, and he was defeated and killed by Chhatrapati Shivaji Maharaj on November 20, 1659.
The Bombay High Court was served with public interest litigation. The court, among other things, determined that the tomb was located in a forest area and ordered its demolition. Following that, a contempt petition was filed, informing the High Court that, despite its order, the authorities had not removed the unauthorized constructions in the forest area, particularly in Pratapgarh. The High Court ordered the government to file an affidavit detailing demolition activities carried out in accordance with specific specifications. The interim order was challenged before the Supreme Court. On March 27, 2017, the Supreme Court requested that the contempt proceedings be postponed. On May 26, 2022, there were rumors that the said tomb was to be demolished. A fact-check article published on India Today on May 27, 2022, clarified that no court had ordered the demolition of Afzal Khan's tomb. The application requests that the Supreme Court issue appropriate orders to protect Afzal Khan's tomb, which has stood on the site since before November 16, 1659.
Mr. Lzafeer Ahmad, the Advocate on Record, filed the application.
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