Plea Filed In Supreme Court Seeking Urgent Relief Against Demolitions Proposed Following Bahraich Violence

Three persons alleged to be related to the incident of violence that took place at Bahraich, Uttar Pradesh on 13.10.2024 have approached the Supreme Court seeking urgent relief against demolition action proposed to be taken against their houses today ie on 20.10.2024.

The development comes in the form of an intervention application filed in the "bulldozer matter", during the hearing of which the Court expressed that house of a person cannot be demolished merely because he is an accused. The stand of the UP government during the proceedings was that houses of persons cannot be demolished merely because they are accused of a crime. Be that as it may, the Court conveyed an intention to lay down pan-India guidelines to prevent abuse of municipal laws, without protecting unauthorised constructions, and recently reserved its orders in the matter.

The latest application is filed by 3 persons (named in the FIRs registered related to the Bahraich incident and/or as relatives of the accused), stating that on 18.10.2024, Assistant Engineer, PWD, Bahraich pasted 23 backdated notices dated 17.10.2024 on the shops/houses of residents of Maharajganj, Mahsi area, Bahraich, including the applicants, where the incident took place.

The applicants, hawkers and farmers by occupation, claim that the properties for which notices have been issued are 10-70 years old. They allege that the proposed action is punitive and the government's defense of 'unauthorized construction' is merely a ruse to illegally overcome the Court's stay order on demolitions.

"The trigger for the proposed demolitions notices is the close proximity of the communal flare-up and violence incident...the urgency shown and the short 3 days time that has been given to respond to the Notice when the applicants have been occupying the house/shops for decades. The short time of 3 days to respond to the notice...denies reasonable opportunity and time to the applicants to seek legal remedy."

In their application, seeking quashing of the notices and stay of demolition, the applicants refer to a statement made by a local MLA as follows: "The administration has pasted a demolition notice on the illegally constructed house of the main accused Abdul Hameed, the next action will be seen very soon."

Mentioning that total 23 notices have been issued in the locality, the applicants impute "pick and choose policy" and "malafides" to the UP government, saying:

"The 'Pick and Choose" policy of the State Government of Uttar Pradesh is apparent from the fact that while once adjacent neighbor of the house of Applicant has received the notice, the adjacent neighbor on the other side of the same house has not received any notice."

It is also stated by the applicants that out of fear of demolition, many residents and shopkeepers have vacated the area.

"the Respondent/State of Uttar Pradesh is creating a smokescreen of 'encroachment/illegal construction', but in reality is using municipal laws for oblique motive to carry out punitive demolition."

Additionally, the applicants draw attention to the fact that the impugned notices do not disclose the power/relevant provisions under which they have been issued.

They further level allegations of "contempt of Court", saying that the government ought to have taken permission of the Court for action sought to be taken, as the alleged encroachment is not "on the road" but 60 ft from the centre of the main village road.

Notably, one of the applicants is the daughter of main accused-Abdul Hameed. She states that her father and 3 brothers surrendered before the Special Task Force, UP on 16.10.2024. However, their arrest was not shown in the records. Rather, they were injured in course of a concocted encounter incident.

"On 17.10.2024, as per the statement of the Superintendent of Police, Bahraich, the said accused persons were taken to a location in Nanpara near the Indo-Nepal border for retrieval of the alleged weapon used in the murder of aforementioned Ram Gopal Mishra. A suspicious and highly doubtful version was thereafter narrated by the police that while retrieving the alleged weapons, accused Sarfaraz and Mohd. Talib (initially not named in the FIR) fired at the police team with the said weapons and in self-defence the police shot and injured the said accused persons."

The Bahraich Incident

On 13.10.2024, a procession for immersion of Goddess Durga idol was being carried out in Maharajganj area of Bahraich. When some local members of a particular community objected to the playing of loud music, violence erupted.

One Ram Gopal Mishra, part of the procession, climbed atop the roof of the house of a person of a particular community and removed/tore down a green flag (customarily linked to Islam) and started waving a saffron flag, while the persons part of the procession shouted slogans of "Jai Shri Ram" and "Jai Bajrang Bali".

Shortly after, Mishra was shot by someone and he passed away. As a result, persons carrying sticks and iron rods protested and torched shops, vehicles and private properties linked to a particular community.

The violence lasted for about 2 days and the internet services were suspended for 4 days.

On the night of 13.10.2024, an FIR under Sections 191(2), 191(3), 190 and 103(2) of BNS was registered against 6 known and 4 unknown persons.

Ever since, 11 FIRs have been registered, with about 1000 persons being booked and 87 arrested.

The plea has been filed through Advocate-on-Record Mrigank Prabhakar.

Case Title: Swaliha & Ors. v. State of UP & Ors.