The court specified that it will not intervene if the structures facing demolition are illegal
New Delhi: Hearing a petition challenging the demolition notices issued after communal clashes in Bahraich, Uttar Pradesh, the Supreme Court today indirectly warned the Yogi Adityanath government against bulldozer action. The court said it is the “choice” of the state government if it wants to take the risk of violating the apex court’s directions. However, the court said its orders in the ‘bulldozer justice’ case clearly stated that it will not interfere if the structures facing demolition are illegal.
A bench of Justices BR Gavai and KV Vishwanathan has asked the Uttar Pradesh government not to take any action before the next hearing tomorrow.
Senior advocate CU Singh, appearing for the petitioners, told the bench that local authorities had issued demolition notices after the October 13 violence – in which one person was killed – and asked them to respond within three days.
“Applicant No. 1’s father and brothers surrendered… Allegedly the notices were issued on October 17, but were pasted on the evening of the 18th… We sought a hearing on Sunday, but it did not happen. Some people have approached the High Court,” Mr Singh said.
Earlier, the Allahabad High Court had extended the deadline for filing replies to the demolition notices by 15 days and directed the state authorities to take a decision after considering the replies. Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, assured the court that no action would be taken till tomorrow.
“If they (UP authorities) want to take the risk of violating our order, it is their choice,” Justice Gavai said today. Justice Vishwanathan said the high court had given 15 days to file a reply to the demolition notices. However, Mr Singh said the petitioners have not been given any protection.
The Supreme Court is currently hearing a series of petitions against ‘bulldozer justice’ – a term used to refer to the practice of demolishing properties of persons accused in criminal cases. The practice has spread to several states, including Uttar Pradesh. The court has clarified that being accused of a crime cannot be a ground for demolition of property and such action can be taken only if civic norms are violated. The court has also banned demolitions carried out without permission.
What happened in Bahraich
On October 13, a dispute erupted in Maharajganj in Bahraich when a group of people objected to loud music being played near a mosque during a Durga Puja idol immersion procession. The incident turned into arson and vandalism in the area, forcing the local administration to shut down internet connectivity. Ram Gopal Mishra, 22, was shot dead during the clashes. A video that circulated after the clashes showed Mishra removing a green flag from a rooftop and replacing it with a saffron flag.
The police have arrested five people suspected of being involved in Mishra’s death – Mohammad Fahin, Mohammad Sarfaraz, Abdul Hameed, Mohammad Taleem alias Sabloo and Mohammad Afzal. Mohammad Taleem and Mohammad Sarfaraz were arrested after they were shot in an encounter with the Uttar Pradesh police. The accused were caught while trying to enter Nepal, police said. A total of 104 people have been arrested in connection with the violence and demolition notices have been issued to 23 establishments. Those who have been served notices include Hameed, one of the murder accused. However, officials claim that the notices were issued as part of a routine anti-encroachment drive. Panic has spread among local residents after the notices were issued, as shopkeepers were seen vacating their premises.
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