Supreme Court refuses to lift non-veg food ban near Somnath temple
A bench of Justices MM Sundresh and PB Varale left the Gujarat High Court's interim order untouched and asked for the appeals to be decided in about two months.
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The Somnath non-veg ban stays in force after the Supreme Court on Friday, 6 November 2026, declined to stay a Gujarat High Court order that left the restriction in place. A bench of Justices MM Sundresh and PB Varale asked the High Court to decide the appeals preferably within two months, LawBeat reported.
What the Somnath non-veg ban covers
On 10 August, the District Magistrate of Gir Somnath issued a notice under the Gujarat Police Act, 1951 banning the preparation, sale and storage of non-vegetarian food, including eggs, in specified areas of Prabhas Patan in Veraval taluka. It covers every area within 500 metres of the Somnath temple, according to LawBeat.
The case was brought by Aakib Aminbhai Khan, owner of Taj Restaurant, one of the affected eateries. Senior Advocate Huzefa Ahmadi appeared for him, and Solicitor General Tushar Mehta appeared for the State of Gujarat.
Key numbers
- 500 metres: the radius around the Somnath temple covered by the ban.
- 10 August: the date of the District Magistrate’s notice.
- 30 October: the day a Single Judge quashed the notice and a Division Bench stayed that order.
- 2 months: the period in which the High Court has been asked to decide the appeals.
The High Court orders
On 30 October, a Single Judge of the Gujarat High Court quashed the notice as ultra vires Article 19(1)(g), which protects the right to carry on a trade. The same day a Division Bench of Acting Chief Justice Manash Ranjan Pathak and Justice Nirzar S Desai stayed that order, so the notice remained in force. The Bench reasoned that many devotees were likely to visit during Deepavali and the Gujarati New Year.
What people said
Ahmadi argued: “You can’t force people to eat or not to eat. Dietary habits can’t be regulated by law.” He added: “This is during Diwali, this is bread and butter and [you] are killing an enterprise.” Mehta replied: “You can serve [non-veg] outside.”
Justice Sundresh said: “Probably, [they] need to take a middle path, neither here nor there. We don’t want to say anything.” Bar and Bench reported the court as saying “We need to maintain a balance.”
What happens next
The Gujarat High Court will now hear the appeals, and the ban stays until it rules. Justice Sundresh also said a forthcoming nine-judge Bench judgment on Article 25 in the Sabarimala reference would likely bear on the issue, LawBeat reported. For more on recent court rulings, see our report on the two-child norm referral, our profile of the Supreme Court of India and our India coverage.
Eateries near the temple must keep off non-vegetarian food, eggs included, through the Diwali season until the High Court rules. The outcome could shape how far local officials can regulate diet near religious sites.