Former top court judges seek SC intervention on demolitions in Uttar Pradesh | Latest News India - Hindustan Times
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Former top court judges seek SC intervention on demolitions in Uttar Pradesh

ByAbraham Thomas
Jun 14, 2022 02:21 PM IST

The letter comes a day after Jamiat Ulama i Hind approached the Supreme Court for a stay on demolition of properties carried out by the UP government against those arrested for causing violent protests last week following derogatory remarks made against Prophet Muhammad by BJP leaders

Six former Supreme Court and High Court judges and six lawyers have written a letter to the Chief Justice of India (CJI) NV Ramana to urgently take suo moto cognisance of the Uttar Pradesh government’s clampdown on protesters over the remarks made against Prophet Muhammad.

The UP government demolished properties of those arrested for causing violent protests last week following derogatory remarks made against Prophet Muhammad by two BJP spokespersons. (HT PHOTO.)
The UP government demolished properties of those arrested for causing violent protests last week following derogatory remarks made against Prophet Muhammad by two BJP spokespersons. (HT PHOTO.)

Objecting to the manner in which police are seen detaining protestors and carrying out demolition of their properties, the letter said, “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.”

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Three former Supreme Court judges – Justices B Sudershan Reddy, V Gopala Gowda and AK Ganguly have signed the letter along with former Delhi high court Chief Justice AP Shah and two former high court judges – Justices K Chandru (Madras high court) and Mohammad Anwar (Karnataka). Besides, the signatories include former Union Law Minister Shanti Bhushan, senior advocates Indira Jaising, Sriram Panchu, CU Singh, Anand Grover and Prashant Bhushan.

Making an urgent appeal to the CJI to take suo motu cognisance of the situation prevailing in Uttar Pradesh, the letter said, “Instead of giving protestors an opportunity of being heard and engaging in peaceful protests, the UP state administration appears to have sanctioned taking violent action against such individuals.”

It stated that the chief minister 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 has been invoked against those found guilty of unlawful protests.

“It is these remarks that have emboldened the police to brutally and unlawfully torture protestors…. 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,” stated the letter.

The letter comes a day after Jamiat Ulama i Hind approached the Supreme Court for a stay on demolition of properties carried out by the UP government against those arrested for causing violent protests last week following derogatory remarks made against Prophet Muhammad by two functionaries of the Bharatiya Janata Party (BJP) Nupur Sharma and Naveen Kumar Jindal. Following international outrage against the remarks, the BJP suspended Sharma and expelled Jindal.

The UP police arrested more than 300 people and registered FIRs against those protesting and engaging in stone pelting. The letter said, “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 former judges and senior lawyers, demanded quick action, reminded the CJI, “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.”

It cited the recent examples where the Supreme Court suo moto 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.”

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