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Supreme Court to hear petitions against UP demolitions today
The Supreme Court on Thursday will hear petitions filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the UP government to stay any further demolition of properties of people allegedly accused of participating in violent protests against remarks by BJP leaders on Prophet Mohammed.
The Supreme Court on Thursday will hear petitions filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government to stay any further demolition of properties of people allegedly accused of participating in violent protests against remarks by Bharatiya Janata Party (BJP) leaders on Prophet Mohammed.
A bench of justices A S Bopanna and Vikram Nath will hear the two applications filed by the Jamiat earlier this week, two days after former judges senior advocates wrote to Chief Justice of India N V Ramana urging him to take suo motu cognizance of alleged incidents of illegal detention, bulldozing of residences, and police action on the protestors.
At least four properties have been demolished by authorities so far after violent protests against now suspended BJP spokesperson Nupur Sharma and expelled BJP leader Naveen Jindal for their remarks on Prophet Mohammed rocked Kanpur, Prayagraj and Saharanpur districts on June 3 and June 10. Forty-nine people, including 20 police personnel, were injured in the violence. The demolition drives took place in Kanpur, Prayagraj and Saharanpur.
Over 350 people have been arrested so far. At least 50 hoardings with photographs of alleged rioters were also put up in several areas of Kanpur for identification and subsequent arrests.
In its pleas to the top court, the Jamiat has sought immediate direction to the state government to stall the “ongoing” demolitions in several districts and action against officials behind demolition of properties.
The action taken by police and state authorities is in complete disregard of principles of natural justice and in violation of municipal laws which provide for advance notices and opportunity of hearing to persons whose properties are sought to be demolished, the Muslim body said.
The petitions also claimed that as per section 10 of Uttar Pradesh (Regulation of Building Operations) Act, 1958, demolition of a building shall not be undertaken unless the affected person is given a reasonable opportunity of being heard. It further quoted section 27 of Uttar Pradesh Urban Planning and Development Act, 1973 which requires 15 days’ notice and hearing the affected person before proceeding with the demolition.
The applications also said that soon after the violence, Uttar Pradesh chief minister Yogi Aditynath had told reporters that houses of accused persons would be razed using bulldozers. The statement was reiterated by additional director general (law and order) Prashant Kumar and Kanpur commissioner of police Vijay Singh Meena, it said.
Demanding no “precipitative action” be taken by the state government, the applications said: “Adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when this Court is hearing the present matter (relating to Jahangirpuri demolitions).”
The Jamiat had earlier filed a plea on the issue of demolition of properties of alleged Muslim accused in New Delhi’s violence-hit Jahangirpuri area. Communal clashes had rocked the area on Hanuman Jayanti in April. The top court has directed status quo on the demolitions carried out by North Delhi Municipal Corporation.
