'Can’t stay demolitions but law should be followed': SC seeks reply from UP govt

New Delhi: The Supreme Court on Thursday said that it can’t stop demolitions but stressed that the ''due process of law'' should be followed while carrying out the exercise and sought a response from the Uttar Pradesh government in this regard.

Supreme Court observes that it can't stay demolitions but the process of law must be followed for the demolition of alleged unauthorised structures.

— ANI (@ANI) June 16, 2022

Making its observation, the top court noted that "everything should be fair" and authorities should strictly follow the ''due procedure under the law.”

SC asks UP govt to file response on pleas by Jamiat-Ulama-I-Hind & others seeking directions to UP authorities to ensure that no further demolitions of properties are carried out in State without following due process; asks UP govt to file affidavit in 3 days. Hearing next week pic.twitter.com/Gz1mCz5E8m

— ANI (@ANI) June 16, 2022

The highest court of the country also sought a response from the UP government authorities to a number of pleas alleging that the houses of those accused in last week's violence were illegally demolished.

There must be a sense among the citizens that rule of law prevails in the country, a vacation bench of Justices A S Bopanna and Vikram Nath said. “Everything should be fair. We expect the authorities to strictly follow the due procedure under the law,” it said. The bench then posted the matter for further hearing on Tuesday.

Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, and senior advocate Harish Salve, representing the Kanpur and Prayagraj civic authorities, said the due process of law was followed and notice in one instance of demolition was given way back in August 2020.

Mehta also contended that none of the affected parties is before the court and a Muslim body, the Jamiat Ulama-i-Hind, has approached the court seeking a generic order that there should not be any demolition.

Senior advocates C U Singh, Huzefa Ahmadi and Nitya Ramakrishnan, appearing for the Jamiat Ulama-i-Hind, argued that the statements are being made by the highest constitutional authorities, including the Uttar Pradesh chief minister, and demolitions are subsequently being carried out without giving an opportunity to the alleged riot accused to vacate their houses.

The top court made these observations while hearing pleas filed by the Muslim body seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of alleged accused of recent violence are carried out in the State. 

The Yogi Adityanath government has faced criticism for its recent orders to demolish properties of those accused of participating in violent protests against the controversial comments on Prophet Muhammed by two suspended and sacked BJP leaders - Nupur Sharma and Naveen Jindal. Several houses of the accused were bulldozed down in Kanpur, Prayagraj and Saharanpur districts of UP.

The demolitions were "shocking and appalling", petitioners had told the Supreme Court, alleging that notices were served after houses were razed. "Adequate notices are a must. What is being done is unconstitutional and shocking. It is being done by targeting a community," CU Singh, a lawyer for the petitioners, said.

(With Agency Inputs)