New Delhi: The Supreme Court on Friday refused to interfere with the Gujarat High Court’s interim order keeping alive a ban on the preparation, sale and storage of meat and non-vegetarian food items in areas surrounding the Somnath Temple, while asking the High Court to make an endeavour to decide the pending appeal within two months.
A Bench of Justices M.M. Sundresh and Prasanna B. Varale passed the order while hearing a special leave petition (SLP) filed by six eateries challenging the Gujarat High Court’s October 30 interim order.
During the hearing, Solicitor General Tushar Mehta, appearing for the Gujarat government, defended the restrictions and said that non-vegetarian food could be served outside the prohibited areas.
Taking note of the submissions, the Justice Sundresh-led bench declined to interfere with the High Court’s interim order and requested it to make an endeavour to dispose of the pending appeal within two months.
Before concluding the hearing, the apex court orally said that a balanced approach might be required in the matter.
“Probably, the authorities need to take a middle path, neither here nor there. We don’t want to say anything,” the Justice Sundresh-led bench remarked.
The matter concerns a notification issued by the Gir Somnath District Magistrate J.N. Vaghela, on August 10, 2026, under Section 33(1)(w) of the Gujarat Police Act, 1951, imposing a ban on the preparation, sale and storage of meat, fish and other non-vegetarian dishes in specified areas around the Somnath Temple.
The restrictions cover seven identified stretches, including the area from Balaka Temple to Bhidiya Circle, Bhidiya Circle to Shankh Circle, Shankh Circle to Safari Circle, and Safari Circle to Prajapati Dharamshala, besides all areas within 500 metres of the Somnath Temple.
The notification followed a preliminary notification issued on July 10, 2026, inviting objections from the public within 30 days.
Aggrieved by the restrictions, six restaurant operators, including Taj Restaurant, J.M. Restaurant, Hotel New Gulbani, Kismat Restaurant, Gulabi Restaurant and Khwaja Hindustani Restaurant, approached the Gujarat High Court.
On October 30, a single judge allowed their petition and set aside the notification.
However, the state government immediately challenged the decision before a division bench comprising Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S. Desai.
Taking up the Gujarat government’s appeal the same day, the division bench stayed the single judge’s order and directed that the prohibition would continue until further orders.
The state government had said that the restrictions were necessary in view of the large number of devotees expected to visit the Somnath Temple and adjoining religious areas during Diwali and the Gujarati New Year.
Advocate General Kamal Trivedi had also submitted that allowing the preparation and sale of non-vegetarian food in the specified areas could hurt the religious sentiments of devotees and cause inconvenience, annoyance and potential risks to public safety.
On the other hand, the restaurant owners contended that Section 33(1)(w) of the Gujarat Police Act did not empower the authorities to impose such a prohibition, saying that the provision dealt with the regulation of places of public amusement, entertainment or assembly.
The Gujarat High Court has issued notice in the state government’s appeal, with the matter scheduled to be heard on November 25 along with another pending petition involving some of the restaurant owners.
(IANS)
