Prophet Remark Row: Jamiat Ulama-I-Hind Moves Supreme Court Against Alleged Vengeful Demolitions In Uttar Pradesh

The applicant has sought directions to initiate action against officials responsible for the houses demolished allegedly in violation of the rule of law and the municipal laws enacted by the State of Uttar Pradesh.

The reliefs have been sought through two applications filed in its earlier petition against the demolition drive in Delhi's Jahangirpuri. The Court had on 21st April issued notice and directed status quo against the demolition drive launched by the North Delhi Municipal Corporation (NDMC) in the riot-hit Jahangirpuri area.

The application filed through Advocate Kabir Dixit and Advocate Sarim Naved has sought directions to the State of Uttar Pradesh that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.

The application has stated that some objectionable and offensive remarks were made by two political leaders a few days ago which led to communal tension in numerous parts of the country. Following the remarks of the two political leaders, a bandh was called for by a group of people in the district of Kanpur in protest.

It has been further stated that on the day of the protest, a scuffle broke out between the Hindu and Muslim religious community and stone pelting took place between the two communities.

The applicant has alleged that after the violence in Kanpur, a number of persons in authority have stated in the media that the properties of suspects/ accused would be confiscated and demolished, including the Chief Minister of the state who said in the media that the houses of accused persons would be razed using bulldozers.

According to the applicant, demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing to each of the affected persons as mandated by the Supreme Court.

According to the applicant, the present situation is more alarming as the Supreme Court in the present case had already ordered stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances.

Further, it has been argued that adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when the Supreme Court is hearing the present matter.

The applicant has argued that the decision of proceeding with demolition of properties of accused persons is clearly illegal and doing so without providing a reason opportunity of hearing is also in violation of the municipal laws of the state, as well as violating principles of natural justice.

'Hence, such plans of the state of proceeding with vengeance are against our democratic values and resultantly, weaken the justice delivery system of the state,' the application states.