SC to hear Jamiat Ulama-I-Hind plea against demolition drive in UP tomorrow

The Supreme Court will hear the Jamiat Ulama-I-Hind application on Thursday against the demolition drive seeking to issue directions to the State of Uttar Pradesh that no precipitative action be taken in the state against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.

The hearing would be heard by a bench of justices AS Bopanna and Vikram Nath.

Jamiat Ulama-I-Hind has moved the Supreme Court seeking to issue 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 by the organization Jamiat Ulama-I-Hind has also urged the Court that any demolition drive that the authorities are planning to carry out in Kanpur District should be stayed during the pendency of the instant writ petition.

Jamiat Ulama-I-Hind, in its fresh application, also sought to issue directions to the State of Uttar Pradesh to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing are given to each of the affected persons.

The present application was filed in the pending petition against the demolition drive being carried out by state agencies.

Jamiat Ulama-I-Hind apprised the Court that some important new developments have taken place in the State of Uttar Pradesh, since the last date of hearing.

The application, which mentioned that some objectionable and offensive remarks were made by two political leaders which led to communal tension in numerous parts of the country, also informed the court about the bandh (shutdown) that was called for by a group of people in the district of Kanpur in protest against the remarks of leader.

On the day of the protest, a scuffle broke out between the two communities.

"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. Even the Chief Minister of the state has said in the media that the houses of accused persons would be razed using bulldozers," the application said.

"That adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when this Hon'ble Court is hearing the present matter. It is pertinent to note that in the present matter this Court ordered a stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances. Hence, considering that the captioned matter is currently pending before this Court, resorting to such measures is even more alarming," the application said, which sought immediate action to be taken by the Court in order to prevent violation of the rule of law and the rights of the accused persons.

The application also mentioned that 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 this Court.

According to the application, the decision of proceeding with the demolition of properties of the accused persons was illegal. Also not providing a reasonable opportunity of hearing was in violation of the municipal laws of the state, as well as violating principles of natural justice, the application said. Hence, such plans of the state of proceeding with a vengeance are against our democratic values and resultantly, weaken the justice delivery system of the state, the application said.

Henceforth, Jamiat Ulama-I-Hind prayed that direction be issued that residential accommodation cannot be demolished as a punitive measure, any commercial property cannot be demolished as a punitive measure, and directions are issued for providing training to police personnel in handling communal riots and situations where populations become restive and also urged that it be directed that ministers, legislators and anybody unconnected with the criminal investigation to be restrained from apportioning criminal responsibility regarding criminal action publicly or through any official communication until a determination by a criminal court.

The development had come after the UP government conducted a demolition drive at the "illegal properties" of two "masterminds" of the violent protest that erupted on June 10, as outrage at the controversial remarks of suspended BJP leader Nupur Sharma on Prophet Muhammad.

Earlier on Sunday, the Prayagraj Development Authority (PDA) issued a demolition notice at the residence of the main conspirator Javed Ahmed, asking him to vacate the house by 11 am as it was "illegally constructed".

During the demolition drive, posters and flags were taken out of the residence of the Prayagraj violence accused Javed Ahmed.

According to Prayagraj Senior Superintendent of Police (SSP) Ajay Kumar, the names of the people linked with AIMIM have surfaced and there could be more masterminds of the violence.

The SSP said that there are 70 others who are named as accused and over 5,000 people unnamed in the violence. "Action will be taken under the Gangster Act and NSA," he added.

( With inputs from ANI )