In a dramatic turn of events, the Gujarat High Court has reinstated restrictions on the preparation, sale and storage of non-vegetarian food around the Somnath Temple, overturning the effect of a single-judge ruling that had struck down the prohibition just hours earlier.
A division bench comprising Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S Desai stayed the single-judge order and directed that the Gujarat government’s notification imposing the ban would continue to operate until further orders.
The rapid reversal followed an appeal filed by the State government shortly after Justice Nisha M Thakore delivered her judgment on October 30. The division bench took up the matter at around 5:30 pm, approximately two-and-a-half hours after the single-judge pronounced her decision.
Interestingly, the earlier judgment had not even appeared on the High Court’s official website when the State’s appeal came up for consideration.
Ban Covers Seven Locations, Including 500-Metre Temple Zone
The controversy began with a preliminary notification issued by the Gir Somnath District Magistrate on July 10, proposing restrictions on the preparation, sale and storage of meat, fish and other non-vegetarian food.
After inviting objections, the administration issued its final notification on August 10, extending the prohibition to seven identified stretches and locations. The restrictions specifically covered areas falling within a 500-metre radius of the Somnath Temple, along with designated shops, hotels, restaurants and roadside food stalls.
Restaurant owners operating in the affected areas approached the High Court, arguing that the District Magistrate had exceeded his statutory powers by imposing a complete prohibition on their business activities.
Justice Nisha M Thakore accepted their challenge on October 30 and set aside the notification. The decision prompted the State government to immediately approach a division bench.
Single-Judge Says Regulation Cannot Become A Complete Prohibition
While striking down the restrictions, Justice Thakore drew a distinction between regulating commercial activities and eliminating them altogether.
She held that authorities could introduce reasonable controls over the preparation, storage and sale of non-vegetarian food, but such regulatory powers could not be used to impose an outright ban.
The judgment also rejected the argument that prohibiting non-vegetarian food was necessary to safeguard the religious sentiments of Hindu devotees.
Pointing to the diversity of religious practices and dietary choices within Hinduism, the single-judge observed that food preferences could not be treated as a uniform religious requirement.
“Hinduism is not monolithic but the choice or ritual of consuming food varies region wise,” the Court observed, adding that eating non-vegetarian food was essentially a matter of personal choice rather than an essential religious practice.
The judgment further emphasised that the power to regulate an activity necessarily presupposes that the activity itself continues to exist.
State Cites Festival Rush And Religious Sentiments
Challenging the decision, the Gujarat government argued before the division bench that allowing non-vegetarian food establishments to operate in the restricted areas could create difficulties during the upcoming Diwali holidays and Gujarati New Year celebrations.
Advocate General Kamal Trivedi submitted that large numbers of devotees were expected to visit Somnath Temple and neighbouring religious locations during the festive period.
The State maintained that the presence and consumption of meat and fish in these areas could hurt devotees’ religious sentiments and potentially lead to inconvenience, public annoyance and risks to the temple premises and surrounding religious sites.
The government also questioned the legality of the single-judge’s decision, relying on earlier judgments of the Supreme Court and various High Courts to support its position that such restrictions could be imposed under the law.
Division Bench Puts Earlier Judgment On Hold
Taking note of the State’s submissions and the expected influx of devotees during the festive season, the division bench granted interim relief.
It ordered that the District Magistrate’s August 10 notification would remain operative, while the single-judge’s judgment would stay suspended until further orders.
The bench also directed the restaurant owners to file their responses and ordered that the State’s appeal be heard alongside a petition dating back to 2018.
The matter has been scheduled for its next hearing on November 25.
The interim order means that the restrictions on non-vegetarian food around Somnath Temple will continue for now, despite the earlier ruling that had declared the blanket prohibition unsustainable.