The Maharashtra government told the Supreme Court on November 28 that only the unauthorized structures surrounding the tomb of Afzal Khan in Satara were demolished and the tomb was left untouched. 

“The tombs of Afzal Khan and his disciples have been protected. But the structures on an over 543 square metre area, having two Dharamshalas with 19 rooms, were demolished,” Senior Advocate N K Kaul, appearing for the State government said.

Advocate Nizam Pasha, appearing for the petitioner, the Hazrat Mohd Afzal Khan Memorial Society, submitted that the structures were not unauthorised and the demolition was illegal.

“They should be directed to reconstruct it since there cannot be fait accompli. My proceedings cannot be rendered infructuous due to the high-handedness of the state.” Pasha stressed that the tomb is a protected historical monument.

After taking note of the submissions of Maharashtra State authorities that the demolition drive was conducted to remove the unauthorised structures on government land around the tomb of Afzal Khan, the Supreme Court closed the proceedings on the interim plea. 

“Now the demolition drive has been carried out and hence, so far as the interim application (challenging the demolition) is concerned, actually nothing survives,” a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said while disposing of the interim plea of Hazrat Mohd Afzal Khan Memorial Society against the demolition drive.

The court, however, kept the original petition of the society pending for hearing against two Bombay High Court orders asking the State government to demolish the illegal structures in and around the tomb. 

Earlier, the Bombay High Court in its 2008 and 2009 orders had directed the State government authorities to remove illegal structures in and around the tomb.