Senior Advocate CU Singh, speaking on behalf of the petitioners, informed the bench that following the unrest on October 13, local authorities sent demolition orders and requested a response within three days.
New Delhi :
The Supreme Court today subtly cautioned the Yogi Adityanath government against using bulldozers in response to a challenge to demolition notices that were delivered in Bahraich, Uttar Pradesh, following a communal incident. According to the court, the state administration has the “choice” to risk defying the rulings of the highest court. However, the court pointed out that its rulings in the “bulldozer justice” case make it clear that it will not step in if the buildings that are being demolished are unlawful. The Uttar Pradesh administration has been directed by the bench of Justices BR Gavai and KV Viswanathan to refrain from acting till tomorrow’s next hearing.
Senior Advocate CU Singh, speaking on behalf of the petitioners, informed the court that following the October 13 violence, which resulted in one fatality, local authorities sent demolition orders and requested a response from the petitioners within three days. “The father and brothers of applicant No. 1 turned themselves up. Notices were allegedly sent on October 17 but were actually posted on October 18th. We requested a hearing on Sunday, but it was not held. “A few have come to HC,” Mr. Singh stated. Previously, the Allahabad High Court ordered the state authorities to make a decision after reviewing the responses and extended the deadline for responding to the demolition orders by 15 days. Speaking on behalf of the Uttar Pradesh government, Additional Solicitor General KM Nataraj promised the court that nothing would be done till tomorrow.
“They (UP authorities) have the option to disregard our order if they wish to do so,” Justice Gavai stated today. The high court had given 15 days to respond to the demolition notifications, Justice Viswanathan remarked. However, Mr. Singh claimed that no protection had been given to the petitioners. The practice of demolishing the property of those accused in criminal cases is known as “bulldozer justice,” and the Supreme Court is now considering a number of petitions against it. Uttar Pradesh is one of the states where the movement has gained traction. The court has made it clear that property demolition cannot be justified by criminal charges; rather, it may only be triggered by a violation of civic regulations.
When a group of individuals protested loud music near a mosque during a parade for Durga Puja idol immersion on October 13, an incident broke out in Maharajganj, Bahraich. Arson and vandalism spread throughout the area as a result, and the local government was forced to cut off Internet access. During the altercation, 22-year-old Ram Gopal Mishra was shot and killed. A video shows Mishra removing a green flag from a rooftop and replacing it with a saffron flag went viral following the altercation. Five people—Mohammad Faheen, Mohammad Sarfaraz, Abdul Hameed, Mohammad Taleem alias Sabloo, and Mohammad Afzal—have been taken into custody by police on suspicion of being implicated in Mishra’s death. Following gunshot wounds they received during a confrontation with Uttar Pradesh police, Muhammad Talim and Muhammad Sarfaraz were taken into custody.