The Supreme Court has asked for replies from the state government as well as the civil authorities of Prayagraj and Kanpur before taking up the case again next Tuesday.
The Supreme Court on Thursday told the Uttar Pradesh government that demolitions could be only in agreement with the vittles of law and couldn’t be retaliatory after hearing desires that State authorities had taken the “shocking” step to inflict “revenge” on the homes of people allegedly linked to violence in the fate of the Prophet remarks row.
“Ultimately, the rule of law should prevail. Any action by you should be in agreement with the law,” Justice A.S. Bopanna, leading a holiday Bench that included Justice Vikram Nath, addressed the Uttar Pradesh government, represented by Solicitor General Tushar Mehta and elderly advocate Harish Salve.
Supreme Court issued a notice to the State and announced the case to be heard next week, the Bench said the question was if the State had followed the due process of law before demolishing the parcels in places similar to Prayagraj and Kanpur.
The court said that nothing “ untoward ” should be seen during the weekend. “ There should be some restraint. Everything should be fair. They shouldn’t be harmed. The question then’s of following due process, ” Justice Bopanna observed orally.
‘Misconceived’ third parties
The court didn’t give credence to the State’s argument that certain “ misconceived ” third parties similar as the Jamiat Ulama- i- Hind had approached the court solely grounded on media reports about the nature and intent of the devastations.
“Ultimately, the rule of law should prevail. This isn’t about who came to the court. This matter requires legal consideration, ” Justice Bopanna said.
The court agreed to the State government’s suggestion to file an affidavit with details to buttress its claim that the devastations were done after previous notice was issued to affected persons and the structures razed down were illegal.
The court listed the case for further hail coming next week. The Bench didn’t pass any interim order staying the devastations
Pattern In Demolition
Elderly advocate C.U.Singh, for the suppliant side, indicated a pattern to these demolitions.
“Retaliatory statements were made by the high- functionaries of UP against the monument- pelters and rioters. Demolitions of parcels are done.
After the demolitions are over, the authorities try to justify that the structures destroyed by the bulldozers are illegal constructions, ”Mr. Singh submitted.
He said many of these structures reduced to debris by bulldozers were homes belonging to the family members of those named in the FIRs.
“The homes and shops destroyed sometimes belong to the father or wife of the accused. The pattern followed by the State is a commodity out of a playbook. This is not just shocking, but extremely shocking, ”Mr. Singh said.
Too much Concidence
Advocate Nitya Ramakrishnan and Senior advocate Huzefa Ahmadi on the side of the petition pointed out the “remarkable coincidence” of homes and shops being demolished after the statements by the high functionaries in the state were made.
The accusations of the cases were cherry-picking based on the malafide intentions of the authorities.
The homes of only those people who are named in the FIRs are picked and then demolished, which was made by Mr. Ahmadi You cannot come overnight and demolish homes.
He also claimed there was no prior notice given as well as no time to appeal.
For now, the court hasn’t put any stay on the demolition of the properties taking place in UP. Though advised the government to take action while keeping the law in mind. The plea was made to put a stay on the process of demolition and the government was accused of taking action against only those involved in the aftermath of the Prophet Mohammed remarks row.
