Nuh-Gurugram Demolitions: Bench Of Punjab & Haryana High Court Hearing Suo Motu Case Changed Ahead Of Hearing Tomorrow

The Punjab & Haryana High Court bench hearing the suo motu case against Nuh and Gurugram demolitions has changed ahead of its hearing tomorrow. A bench of Justices Arun Palli and Jagmohan Bansal will be hearing the matter on August 11th.

On Monday (7th August) the suo motu case was taken by a bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeevan, where the High Court had stayed the ongoing demolition drive in Nuh, which followed communal clashes. In the previous hearing, the High Court had 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 High Court had stated that it has come to its notice that the "State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh".

"Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law", the High Court had observed.

Further, the bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan had questioned whether the buildings belonging to a particular community in Nuh & Gurgaon were being brought down by the authorities under the guise of law and order problem and that an exercise of “ethnic cleansing is being conducted by the State".

“The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State,” the division bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan had categorically stated.

The Court had taken suo motu cognizance of news paper reports regarding the ongoing demolition drive in Nuh, Gurgaon which followed the communal clashes. 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 High Court noted that the news items carried in the 'Times of India' and ‘The Indian Express' would go on to show that demolitions are being carried out in two districts i.e. Nuh and Gurugram. The action is stated to be on account of the fact that the individuals involved in the anti social activities had made illegal constructions, it added.

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 Court remarked that, “power tends to corrupt and absolute power corrupts absolutely."

Considering the allegations, the bench said, “It is in such circumstances, we are constrained to issue notice to State as it has come to our notice that the State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh.”

The Court observed that, “We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law.”

The Court had also issued directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in last two weeks, both in Nuh and Gurugram and whether any notice was issued before demolition. “If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law,” it added.