The court specified that it will not intervene if the structures facing demolition are illegal
Hearing a challenge to demolition notices served in Uttar Pradesh's Bahraich after a communal clash, the Supreme Court today indirectly warned the Yogi Adityanath government against any bulldozer action. The court said it is the state government's "choice" if it wants to risk violating the top court's directions. The court, however, noted that its orders in the 'bulldozer justice' case specify that it will not intervene if the structures facing demolition are illegal.
The bench of Justice BR Gavai and Justice KV Viswanathan has asked the Uttar Pradesh government not to take any action before the next hearing tomorrow.
Appearing for the petitioners, Senior Advocate CU Singh told the bench that local authorities issued demolition notices after the October 13 violence -- which claimed one life -- and asked them to respond within three days.
"Applicant No.1's father and brothers surrendered... notices purportedly issued on 17 Oct, but pasted on 18th evening... we sought hearing on Sunday, but that did not happen. Some have approached HC," Mr Singh said.
Earlier, the Allahabad High Court extended to 15 days the deadline to file replies to the demolition notices and directed the state authorities to decide after considering the responses. Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, assured the court that no action would be taken till tomorrow.
"If they (UP authorities) want to take the risk of flouting our order, it's their choice," Justice Gavai said today. Justice Viswanathan added that the high court had given 15 days to file replies to the demolition notices. Mr Singh, however, said the petitioners have not been granted any protection.
The Supreme Court is currently hearing a bunch of petitions against 'bulldozer justice' - a term used to refer to the practice of razing the property of individuals accused in criminal cases. The trend has caught on in several states, Uttar Pradesh among them. The court has clarified that being accused of a crime cannot be the basis for the demolition of property and only violation of civic rules may attract such action. The court has also paused demolitions carried out without its permission.
What Happened In Bahraich
On October 13, an altercation broke out in Bahraich's Maharajganj when a group of people objected to loud music near a mosque during a procession for Durga Puja idol immersion. This snowballed into arson and vandalism in the area, forcing the local administration to snap Internet connectivity. Ram Gopal Mishra, 22, was shot dead during the clash. A video that circulated after the clash showed Mishra removing a green flag from a rooftop and replacing it with a saffron flag.
Police have arrested five persons suspected to be involved in Mishra's death -- Mohammad Faheen, Mohammad Sarfaraz, Abdul Hameed, Mohammad Taleem alias Sabloo, and Mohammad Afzal. Mohammad Talim and Mohammad Sarfaraz were arrested after they suffered gunshots in an encounter with Uttar Pradesh police. Police said the accused were trying to cross into Nepal when they were caught.
A total of 104 people have been arrested in connection with the violence and 23 establishments have been served demolition notices. Among those who were served notices is Hameed, one of the accused in the killing. Authorities, however, claim the notices were issued as part of a routine anti-encroachment drive. The notices have sparked panic among local residents as shopkeepers were seen vacating their premises.