New Delhi: The Jamiat Ulama-i-Hind filed two fresh pleas in the Supreme Court on Monday, June 13, seeking directions to the Uttar Pradesh government to ensure that no further demolitions are carried out in the state without following due process and that such exercise is done only after adequate notice.
The latest plea comes a day after Prayagraj administration bulldozed the house of Welfare Party of India leader Javed Mohammad after naming him “mastermind” of protests against Bharatiya Janata Party leaders’ remarks against Islam. The legality of such a move – especially in the light of the fact that the house belonged to Mohammad’s wife while the notice was sent to him – has been questioned.
The Jamiat is one of the largest national bodies of Muslims. The organisation had earlier filed the plea on the issue of demolition of buildings in the Jahangirpuri area of the national capital.
The fresh applications said that subsequent to the last hearing in the matter some new developments have taken place that require the attention of the court.
“Some objectionable and offensive remarks were made by two political leaders a few days ago which led to communal tension in numerous parts of the country. Following the remarks of the two political leaders, a bandh was called for by a group of people in the district of Kanpur in protest.
“On the day of the protest, a scuffle broke out between the Hindu and Muslim religious community, and stone-pelting took place between the two communities. That after the violence in Kanpur, a number of persons in authority have stated in the media that the properties of suspects/accused would be confiscated and demolished. Even the Chief Minister of the state has said in the media that the houses of accused persons would be razed using bulldozers.”
The plea alleged that the adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when the apex court is hearing the present matter.
This time, it has also sought initiation of action against officials responsible for the houses demolished in violation of the rule of law and the municipal laws enacted by the State of Uttar Pradesh.
The plea also held that several properties were demolished without giving an “adequate opportunity of hearing to the affected persons,” in complete disregard of the principles of natural justice as also the municipal law pertaining to demolition of properties.
“It is pertinent to note that in the present matter this Hon’ble Court ordered the stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances. Hence, considering that the captioned matter is currently pending before this Hon’ble Court, restoring such measures is even more alarming.
“That demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing to each of the affected persons as mandated by this Court,” the plea said.
“Issue directions to the State of Uttar Pradesh that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure,” the plea said referring to the June 3 incident of violence in Kanpur.
The organisation has also sought directions to the state of Uttar Pradesh to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing are given to each of the affected persons.
The petition also noted that Chief Minister Adityanath had directed officials in the state to “continue with the demolition drives that are being carried out in several districts.”
The top court had earlier issued notice to the Union government and others on the issue of demolition of buildings in the Jahangirpuri area of the national capital on the plea filed by the Jamiat Ulama-i-Hind that claimed that buildings of Muslim residents are being razed. TheWire
