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'Brutal clampdown…': Former judges write to CJI Ramana over razing of UP houses
UP police have arrested at least 333 people after registering multiple FIRs against those protesting and engaging in stone pelting
A group of former Supreme Court and high court judges, along with some senior advocates, wrote to chief justice of India NV Ramana on Tuesday, urging him to take suo motu (on his own) cognisance of the Uttar Pradesh government’s clampdown following protests over controversial remarks on Prophet Mohammed.
The letter, signed by three apex court former judges and three former high court judges and six senior lawyers, objected to the manner in which the Uttar Pradesh Police were seen detaining protesters and demolishing their properties.
“Such a brutal clampdown by a ruling administration is an unacceptable subversion of the rule of law and a violation of the rights of citizens, and makes a mockery of the Constitution and fundamental rights guaranteed by the State,” read the letter, addressed to the CJI.
Former judges of the Supreme Court — justices B Sudershan Reddy, V Gopala Gowda and AK Ganguly — signed the letter along with former Delhi high court chief justice AP Shah and two former high court judges — justices K Chandru (Madras) and Mohammad Anwar (Karnataka). The signatories included former law minister Shanti Bhushan, lawyer Prashant Bhushan, and senior advocates Indira Jaising, Sriram Panchu, CU Singh, and Anand Grover.
UP police have arrested at least 333 people after registering multiple FIRs against those protesting and engaging in stone pelting. Authorities in Prayagraj, Kanpur and Saharanpur districts have demolished houses of people accused of violence.
“We are not supposed to file a formal petition as a letter petition in the nature of public interest litigation (PIL) is sufficient for the court to exercise its constitutional power and protect the rule of law in a democracy,” justice Gowda told HT. “In Uttar Pradesh, there is a procedure established under law which required advance notice and hearing before carrying out any demolition. This has not been followed. Due notice must be given and principles of natural justice should be followed.”
“The whole PIL movement started with a letter petition. It is just an appeal we are making to the Supreme Court as all of us are upset with what is happening in Uttar Pradesh. It is up to the CJI to take up the matter,” said justice Shah.
The letter made an urgent appeal to the CJI to take suo motu cognisance of the situation prevailing in Uttar Pradesh. “Instead of giving protesters an opportunity of being heard and engaging in peaceful protests, the UP state administration appears to have sanctioned taking violent action against such individuals,” the letter stated. HT has seen a copy of the letter.
It stated that Uttar Pradesh chief minister Yogi Adityanath has given orders “to take such action against those guilty that it sets an example so that no one commits a crime or takes law into their hands in future”. The letter pointed out that the National Security Act, 1980, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 have been invoked against those found guilty of unlawful protests.
“It is these remarks that have emboldened the police to brutally and unlawfully torture protesters… The coordinated manner in which the police and development authorities have acted leads to the clear conclusion that demolitions are a form of collective extra judicial punishment, attributable to a state policy which is illegal,” the letter stated.
It comes a day after Muslim organisation Jamiat Ulama-i-Hind approached the Supreme Court for a stay on demolitions carried out by the UP government against properties of those arrested in connection with last week’s violent protests over derogatory remarks made against Prophet Mohammed by now-suspended Bharatiya Janata Party (BJP) spokesperson Nupur Sharma and expelled media head of the Delhi BJP unit, Naveen Jindal. Following outrage from various Islamic countries against the remarks, the BJP suspended Sharma and expelled Jindal.
UP police have arrested at least 333 people after registering multiple FIRs against those protesting and engaging in stone pelting. Authorities in Prayagraj, Kanpur and Saharanpur districts have demolished houses of people accused of violence.
“Videos of young men in police custody being beaten with lathis, houses of protestors being demolished without notice or any cause of action, and protestors from the minority Muslim community being chased and beaten by the police, are circulating on social media, shaking the conscience of the nation,” the letter said.
The former judges and senior lawyers demanded quick action. “The mettle of the judiciary is tested in such critical times. On many occasions, including in the recent past, the judiciary has faced such challenges and emerged with distinction as the custodian of the rights of the people,” the letter stated.
It cited the recent examples where the Supreme Court suo motu took up the cause of migrant workers and ordered a probe into the Pegasus spyware matter involving privacy of citizens.
“In the same spirit, and in its role as custodian of the Constitution, we therefore urge the Supreme Court to take immediate suo motu action to arrest the deteriorating law and order situation in Uttar Pradesh, specifically involving the high-handedness of the police and state authorities, and the brutal clampdown on the fundamental rights of citizens,” the letter added.
