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Punjab & Haryana HC bench hearing suo motu case against Nuh-Gurugram demolitions changed
During the hearing, the High Court issued a stay order on the ongoing demolition drive in Nuh.
The bench presiding over the suo motu case concerning the demolitions in Nuh and Gurugram has been altered prior to its scheduled hearing tomorrow. The new bench, consisting of Justices Arun Palli and Jagmohan Bansal, is set to address the issue on August 11, a report in The Live Law states. On August 7, the bench comprising Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeevan took up the suo motu case. During the hearing, the High Court issued a stay order on the ongoing demolition drive in Nuh. This decision was made in response to communal clashes that had occurred in the area.
READ | Nuh violence: 1,208 structures razed by Haryana govt, mostly of 1 community
The High Court raised significant inquiries directed at the state authorities. It also sought clarification on whether the state's actions were veiled attempts at carrying out "ethnic cleansing" under the guise of maintaining law and order. The court pointed out that it had become aware of the fact that the "State of Haryana" was employing force to demolish structures due to the occurrence of riots in Gurugram and Nuh.
“Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law… The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State," the division bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan categorically stated.
READ | HC halts Nuh demolitions by Haryana, asks if govt action is ‘ethnic cleansing’
The Court had initiated suo motu cognizance based on news articles reporting the ongoing demolition activities in Nuh and Gurgaon, which were a consequence of the communal clashes. Newspaper reports quoted the Home Minister directly, where he mentioned that the use of bulldozers was a form of "illaj" (treatment) since the government was probing the communal violence. The Court, in reference to this statement by the Home Minister said, “power tends to corrupt and absolute power corrupts absolutely."
"We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law,” the court observed.
The Court additionally issued specific instructions to the State of Haryana. It requested the state to provide a sworn affidavit detailing the number of buildings that had been demolished in the preceding two weeks in both Nuh and Gurugram. It also sought clarification on whether any prior notice had been given before the demolitions took place.
