'Don't Demolish Houses Of Accused As Punitive Measure' : Islamic Clerics Body Moves Supreme Court

Amid the recent action taken by Madhya Pradesh authorities to use bulldozers to raze down the houses of persons accused of rioting during the Ram Navami celebrations, Islamic clerics body Jamiat Ulama-i-Hind has filed a writ petition before the Supreme Court seeking a direction that State authorities should not resort to "precipitative actions" against accused without following due process of law.

The petition seeks a further declaration that residential or commercial properties of accused cannot be demolished as a "punitive measure", as such a punishment is unknown to criminal law. The petition filed under Article 32 of the Constitution also seeks a declaration that State Ministers and police authorities should not make public statements fixing criminal liability on persons before determination by a trial court.

The petition states that "a number of ministers and legislators, including the Chief Minister and the Home Minister of the state of Madhya Pradesh, have made statements advocating such acts and especially threatened the minority groups with destruction of their homes and commercial properties in case of riots. Resorting to such measures/ actions is clearly against our constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons".

The petition has been filed in the backdrop of the widely publicised bulldozing of houses of persons in Madhya Pradesh alleging that they had pelted stones during Ram Navami processions. Similar razing actions have been taken by authorities in Uttar Pradesh and Gujarat as well.

It is argued that such measures by the governments "undermine the criminal justice system of our country, including the important role of the courts".

"The legal process, including the pre-trial and trial stage, is hindered by these acts of the state, therefore, immediate action is needed to prevent such incidents from repeating. The states wherein such measures are being employed by the administrative authorities have been carrying them out with impunity as they are being supported by the top leadership in the said states. Hence, this Hon'ble Court must step in to stop the situation from escalating any further and also prevent such acts from being repeated in other states as well".

It is further highlighted that such measures deny the rights of the accused, as the punishment is inflicted on them without giving them an opportunity of hearing.

"The authorities have been acting in violation of the accused persons' right to fair trial and condemning them unheard, thus acting against the legal maxim – 'audi alteram partem' – which forms an integral part of our legal system. Fastening guilt upon persons without any investigation and adjudication by a court thereafter in itself violates the rights of the alleged wrongdoers, and demolition of properties of such persons is even more alarming as the administration, acting as an executor, has been giving punishments that are not even prescribed for the offences allegedly committed by the targeted persons. Thus, these acts of the authorities not only reverse the burden of proof against the alleged offenders, they also prevent the accused persons from adequately defending themselves against the allegations", the petition states.

The petitioners seeks directions to impart training to police officials to handle communal riots situations with sensitivity.

The petition has been drawn by Advocates Sarim Naved, Anshu Davar and Kamran Javed and filed through Advocate Kabir Dixit.

Jamiat Ulama-i-Hind and Mr.Gulzar Ahmed Noor Mohammed Azmi, the Secretary of its Legal Cell are the petitioners. The Union of India, States of Madhya Pradesh, Uttar Pradesh and Gujarat are the respondets.

Case Title : Jamiat Ulama-i-Hind and another versus Union of India and others