SC gives UP Govt three days time to respond to ‘illegal’ demolition pleas
Demolitions have to be in accordance with law, they cannot be retaliation, the Supreme Court said on Thursday amid allegations of Uttar Pradesh using bulldozers to target those who protested against the controversial comments on Prophet Muhammad by members of the ruling BJP.
Observing that “everything should be fair” and authorities should strictly follow the due procedure under the law, the SC gave the UP Government and its authorities three days to respond to petitions on the “illegal” demolition of homes of those accused in last week’s violence.
“There must be a sense among the citizens that the rule of law prevails in the country,” a vacation bench of Justices AS Bopanna and Vikram Nath said and urged the authorities to ensure nothing untoward happens until it hears the matter on June 21.
“Everything should be fair. We expect the authorities to strictly follow the due procedure under the law,” said the bench. The bench added, “How do we ensure their safety in the meantime? We have a duty towards them. We should ensure their safety in the meantime. Let us be clear, they (accused) are also part of society. Ultimately, when someone has some grievances, they should get a chance to address them. If this court does not come to their rescue, that would not be appropriate. Everything should look fair.”
The bench clarified that it cannot stay the demolitions but said such action should be strictly under the due process of law. Justice Bopanna said, “We as judges are also part of society. We also see what is happening. Sometimes, we also form our impressions.”
The apex court was hearing pleas filed by the Muslim body — Jamiat Ulama-i-Hind — seeking directions to the Uttar Pradesh Government to ensure that no further demolitions of properties of alleged accused of the recent violence are carried out in the State.
The Muslim body in its plea has said no demolitions of properties be carried out without following due process and such exercise is done only after adequate notice.
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh Government, and senior advocate Harish Salve, representing the Kanpur and Prayagraj civic authorities, said the due process of law was followed and notice in one instance of demolition was given way back in August 2020.
Mehta said none of the affected parties are before the court and the Jamiat Ulama-i-Hind approached the SC seeking a generic order that there should not be any demolition.
Senior advocates CU Singh, Huzefa Ahmadi, and Nitya Ramakrishnan, appearing for the Jamiat Ulama-i-Hind, said statements are being made by the highest constitutional authorities, including the Uttar Pradesh Chief Minister, and demolitions are subsequently being carried out without giving an opportunity to the alleged riot accused to vacate their houses.
Singh said on April 21, in a matter related to demolitions in the Jahangirpuri area here, this court had passed a status quo order and restrained the authorities from carrying out the demolition till further orders.
“Since the status quo order was only in connection with Jahangirpuri, the State authorities in Uttar Pradesh have acted and demolished properties of persons accused of rioting, protesting, and criminal activities. This action of demolition of houses of the alleged accused is appalling and has never been seen in this country even during the emergency period. More so members of a particular community are targeted,” Singh said.