Thursday, February 22, 2024

Punjab and Haryana High Court adjourns hearing in suo motu case against Nuh and Gurugram to Friday

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The Punjab and Haryana High Court on Friday adjourned the hearing in the suo motu case against Nuh and Gurugram demolitions to next Friday, citing procedural rules.

The bench comprising Justice Arun Palli and Justice Jagmohan Bansal referred to Chapter 2 Rule 9 in Volume 5 of the Punjab & Haryana High Court Rules which states that all the suo motu PIL initiated by the High Court shall be put up before the Chief Justice for listing the same before an appropriate Bench as per roster within three days.

On August 7, the suo motu case was initiated by a bench comprising Justice GS Sandhawalia and Justice Harpreet Kaur Jeevan and the demolition drive was stayed.

It had also questioned the State on whether it was trying to conduct “ethnic cleansing” in the garb of law and order and had asked if only the buildings belonging to a “particular community” were targeted. The bench had then posted the matter to today for State’s response.

The matter was listed before another bench of Justices Arun Palli and Justice Jagmohan Bansal. who pointed that as per High Court Rules, suo moto matters have to be put before the Chief Justice, within 3 days.

The hearing in the case has been adjourned to Friday takinh in to consideration that the Chief Justice is not holding Court today.

In the brief hearing today, the counsel for victims Surjit Singh Swaich argued that demolitions were carried out without any prior notice to the occupants and they are aggrieved by demolition of their private properties.

Advocate General Baldev Raj Mahajan however refuted the submission saying that all actions were taken in due compliance with procedure and law.

it is importnat to note that the authorities have last week demolished several ‘illegal’ shanties, temporary shops and certain concrete structures, which berlongs to people involved in communal violence.

The bench which took suo motu action had earlier noted that the news items carried in the ‘Times of India’ and ‘The Indian Express’ would go on to show that demolitions are stated to be on account of the fact that the individuals involved in the anti social activities had made illegal constructions.

The media quoted Home Minister himself saying that that bulldozers is a part of illaj (treatment) since the Government is probing communal violence.

The bench led by Justice Sandhawalia had remarked that, “power tends to corrupt and absolute power corrupts absolutely.

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