The Supreme Court on Thursday issued a notice to the Uttar Pradesh government on the demolition of houses of those accused in recent violence in the state.
The court also sought replies from the state government and its authorities within three days on pleas alleging the illegal demolition of houses of those accused in last week’s violence.
There must be a sense among the citizens that rule of law prevails in the country, a vacation bench of Justices AS Bopanna and Vikram Nath said. “Everything should be fair. We expect the authorities to strictly follow the due procedure under the law,” it said.
The bench posted the matter for further hearing on Tuesday.
The petition was filed by the Muslim organisation Jamiat Ulama-i-Hind in response to the state administration’s recent demolitions of buildings deemed illegal, including the residence of Javed Mohammad, a Welfare Party of India activist.
“Demolitions have to be in accordance with the law, they cannot be retaliatory,” the Court said while issuing the order. However, the Supreme court did not order UP to stop the demolitions.
Senior advocate CU Singh, appearing for petitioners, told the court that the reason cited for demolition was that the action is being taken against protestors who had indulged in violence.
He argued that demolition keeps happening again & again, it’s shocking & appalling. “This wasn’t during Emergency, not during the pre-independence era. These are houses standing for more than 20 years and sometimes not even belonging to the accused but their aged parents,” he said.
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, said that none of the affected parties filed a plea in the Jahangirpuri demolition issue in the Supreme Court and the same is here as it’s filed by Jamiat-Ulama-I-Hind.
“We made clear that no legal structure or building was demolished, everyone has their agenda, one political party has filed a petition, the Solicitor General said.
He further said that in the Jahangirpuri area structures were removed without looking at which community owns the property. “Such proceedings have been going on with the due process and the latest demolition was an instance of the same. Due procedures were followed,” Tushar Mehta argued.
The district development authority of Prayagraj demolished Javed Mohammad’s home on Sunday, claiming the structure was illegally constructed and that he had failed to attend hearings following summons given in May.
His lawyers, on the other hand, said that the family received a copy of the notification late Saturday night, the night before the destruction and that the building belongs to his wife, not him.
With inputs from Agencies.
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