Omnibus order impossible as law must be followed, court tells Ulama-i-Hind
The Supreme Court on Wednesday refused to pass a blanket order restraining authorities from carrying out demolition exercises if there is an illegal construction and the corporation or the council is authorised to take action.
The top court was hearing pleas filed by the Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh (UP) Government and other States to ensure that no further demolition of properties of alleged accused in recent cases of violence is carried out.
“What omnibus directions can we issue? Nobody can dispute that the rule of law has to be followed. But can we pass an omnibus order?
“If we pass such an omnibus order, will we not prevent the authorities from taking action in accordance with law,” a Bench of Justices BR Gavai and PS Narasimha said.
Claiming that the issue was “extraordinarily serious”, senior advocate Dushyant Dave, who appeared for the Jamiat Ulama-i-Hind, referred to a newspaper report which said that the house of a murder accused was demolished in Assam.
“We don’t want this culture. Lordships will have to decide for once and all. They have to act in accordance with the law. They cannot take advantage of municipal laws and demolish houses of someone who is merely accused of crimes.
“This country cannot permit this. We are a society governed by the rule of law which is the basic structure of the Constitution. It should be finally heard and disposed of,” Dave said while seeking an interim stay direction on the demolitions.
Alleging that there was discrimination in carrying out such exercises, Dave submitted there is no material to show that other unauthorised houses of other communities were acted against similarly. Senior advocate CU Singh, also appearing for one of the petitioners, said despite the status quo order in Delhi’s Jahangirpuri, the same modus operandi was followed in city after city.
Solicitor-General Tushar Mehta said he has some objections with the locus of the petitioners. “Replies have been filed by authorities that the procedure was followed and notices were issued. The demolition process started much before alleged riots. Merely because you take part in riots does not give you immunity from illegal constructions being demolished.
“Affected persons have already taken their remedy before various high courts. Let us not create a sensationalising hype unnecessarily,” Mehta said.
He opposed Dave’s submission, and said all communities are Indian. “We cannot have community-based PILs,” he said.