Nuh-Gurugram Demolitions Case Adjourned, Punjab & Haryana High Court Says Suo Moto PIL To Be Put Before Chief Justice As Per HC Rules

The Punjab and Haryana High Court on Friday adjourned the hearing in the suo motu case against Nuh and Gurugram demolitions to next Friday, citing procedural rules.

The bench comprising Justices Arun Palli and Jagmohan Bansal referred to Chapter 2 Rule 9 in Volume 5 of the Punjab & Haryana High Court Rules which stipulates, All the suo motu Public Interest Litigations initiated by the High Court shall be put up before the Chief Justice for listing the same before an appropriate Bench as per roster within three days. 

The suo motu case was initiated on August 7 by a bench comprising Justices GS Sandhawalia and Harpreet Kaur Jeevan and the demolition drive was stayed. It had also questioned the State on whether it was trying to conduct "ethnic cleansing" in the garb of law and order and had asked if only the buildings belonging to a "particular community" were targeted. The bench had then posted the matter to today for State's response.

Today, the matter was listed before another bench of Justices Arun Palli and Jagmohan Bansal. During the hearing Justice Palli pointed that as per High Court Rules, suo moto matters have to be put before the Chief Justice, within 3 days.

Since the Chief Justice is not holding Court today, the bench adjourned the hearing to next Friday. In the brief hearing today, victims' counsel Surjit Singh Swaich argued that demolitions were carried out without any prior notice to the occupants and they are aggrieved by demolition of their private properties.

However, Additional Advocate General Deepak Sabharwal refuted the submission, claiming that all actions were taken in due compliance with procedure and law.

Authorities have reportedly demolished several 'illegal' shanties, temporary shops and certain concrete structures, allegedly belonging to persons involved in communal violence which happened last week.

The bench which took suo motu action had earlier noted that the news items carried in the 'Times of India' and ‘The Indian Express' would go on to show that demolitions  are stated to be on account of the fact that the individuals involved in the anti social activities had made illegal constructions.

The newspaper reports quoted the Home Minister himself as saying that that bulldozers are part of illaj (treatment) since the Government is probing communal violence. Referring to the Home Minister's statement, the bench led by Justice Sandhawalia had remarked that, “power tends to corrupt and absolute power corrupts absolutely."