Gujarat HC Restores Non-Veg Food Ban Near Somnath Temple

Gujarat HC Restores Non-Veg Food Ban Near Somnath Temple

A division bench of the Gujarat High Court comprising Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S Desai has stayed a single-judge order that had lifted the ban on preparation, sale, and storage of non-vegetarian food in the vicinity of the Somnath Temple. The stay was issued on October 30, 2026, just hours after the single-judge verdict, in an appeal filed by the State of Gujarat [State of Gujarat & Ors. v Taj Restaurant Owner Aakib Aminbhai Khan & Ors.].

The original restriction had been imposed under the Gujarat Animal Preservation Act and local municipal regulations to preserve the religious environment around the temple. The single-judge had invalidated the ban, citing lack of statutory backing and infringement of fundamental rights under Article 19(1)(g) of the Constitution. However, the division bench observed that maintaining public order and religious sentiments around places of worship may justify reasonable restrictions, especially during ongoing litigation.

The state argued that unrestricted sale of non-vegetarian food near a sacred Hindu shrine could hurt religious sentiments protected under Article 25 and broader secular principles of governance. The Court has not yet ruled on the merits but emphasized the need for maintaining status quo while hearing continues.

For practitioners, this case reaffirms the judiciary’s cautious approach in matters involving religion, public order, and fundamental rights. Interim orders in religious-sensitive zones may prioritize status quo and state submissions, even over preliminary rights-based rulings. Litigants and counsel must be alert to the timing and forum of such appeals, where division benches may swiftly intervene in perceived judicial overreach.