Khargone Demolitions: Plea Before Supreme Court Seeks Court-Monitored SIT For Fair Probe

A plea has been moved before the Supreme Court seeking a court-monitored special investigation team (SIT) headed by a retired Supreme court judge to ensure a free and fair investigation into the violent demolition of several properties at Khargone, Madhya Pradesh.

The plea moved through Advocate Adeel Ahmed elaborates on the incident being an aftermath of the riots which involved stone-pelting and arson during Ram Navami processions on April 10 by certain individuals. This had resulted in violent communal clashes between Hindus and Muslims in the district.

Approximately 80 people were arrested following the riots and a curfew was imposed in the city. Meanwhile, MP Home Minister Narottam Mishra declared in the media that the houses of rioters involved in the violence will be torn down.

A day later, authorities from the local administration went on a demolition spree, bulldozing properties several properties, including those of the petitioners herein, on the misconceived surmise that they were associated with alleged suspects of the Ram Navami violence. They rammed their bulldozers on orders of the respondents herein into shops and buildings most of them allegedly owned by these petitioners in Khargone.

The plea further states that according to reports, the number of destroyed houses and properties comes up to 45- 50. 

As seen from newspaper reports, according to the respondents, the move was necessitated because "not all, but some of the accused involved in the communal riots" who own these properties "were encroaching on public land and action has been taken based on land revenue records."

However, the petitioners have argued that in the absence of a court judgment calling for such demolition, the respondent's only justification for  the move was that "if an illegal structure is there, we can take action under relevant sections." They have further claimed that the idea was to "instil fear of financial losses among the accused."

Allegedly, the police's drive to "instil fear" came amidst reports that fresh violence has emerged in Khargone on the night of April 10 and 11 in spite of prohibitive orders.

Similar to Uttar Pradesh, the state of Madhya Pradesh has passed a strict law to recover damaged property from protesters. The Madhya Pradesh Prevention of Damage to Public and Private Property and Recovery of Damage Act, 2022 came into force with immediate effect on January 5, 2022. This legislation permits tribunals to recover up to twice the cost of the alleged damage.

However, it is the case of the petitioners that their houses and buildings have been razed to the ground without any notice or attributing them to any cause or crime, or at the least, a finding that they were responsible for the stone-pelting and arson during Ram Navami processions on April 10, 2022.

Hence, the Petitioners have come before this Hon'ble Court with folded hands praying inter alia, the following :

a. That a court monitored special investigation team (sit) headed by a retired Supreme court judge for free and fair investigation of the factum independent inquiry Committee headed by this Hon'ble Court be constituted to investigate into the acts of destruction of properties of these Petitioners.

b. To initiate action under Criminal law against the perpetrators of destruction to the lives and properties of these Petitioners

c. To Appoint an independent probe to assess compensation for damage and destruction to the property and person of these Petitioners.

d. To provide for compensation for damage and destruction to the property and person of these Petitioners.

It may be noted that the Supreme Court had issued notice on a PIL filed by Jamia Ulema-i-Hind seeking a declaration that authorities cannot demolish the properties of accused as a form of punishment. The Court had also ordered status quo on the demolitions in Delhi's Jahangirpuri area, which witnessed communal violence during Hanuman Jayanti.

Case Title: Raziya Mansoori & Ors. v. Union of India & Ors.