Nuh-Gurugram Demolitions: High Court Adjourns Hearing, Allows Haryana Govt To File Reply

The Punjab and Haryana High Court has adjourned the hearing in the suo motu case against Nuh and Gurugram demolitions, for enabling the Haryana government to file its reply in the matter.

A bench comprising Chief Justice RS Jha and Justice Arun Palli allowed AAG Deepak Sabharwal's request to file a reply. "File in the Registry," he said while adjourning the matter.

The bench has also refused to entertain any intervention application in the matter.

On August 11, a bench of Justices Arun Palli and Jagmohan Bansal had adjourned the hearing citing Chapter 2 Rule 9 in Volume 5 of the Punjab & Haryana High Court Rules which stipulates that suo moto PILs have to be put before the Chief Justice for listing before an appropriate Bench as per roster, within three days.

The suo motu case was initiated on August 7 by a bench comprising Justices G.S. 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 was later changed, a day ahead of the hearing on August 11.

AAG Sabharwal, assisting AG B R Mahajan, orally refuted the allegations of illegal demolition, 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 broke out earlier this month.

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."

Case Title: Court on its own Motion v. State of Haryana