Friday, August 19, 2022

The plea by Jamiat Ulama-I-Hind adjourned by Supreme Court Adjourns to July 13

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The application filed by Jamiat Ulama-I-Hind alleging that the authorities in the State of Uttar Pradesh had resorted to demolition of properties as a punitive measure for protesting against the remarks on Prophet Muhammad has been adjourned by the Supreme Court on Wednesday.

 The Solicitor General Tushar Mehta, who appeared for the government of UP submitted that the petitioner has filed a rejoinder only yesterday, with new facts. He also informed the vacation bench of Justices Surya Kant and JB Pardiwala that the affected party has approached the Allahabad High Court and has expressed her wish to pursue her own case.

Nitya Ramakrishnan, who appeared for the applicant, did not oppose the SG’s request, and the matter has been matter for July 13.

The application also  mentions of the petition that was filed challenging the demolitions carried out by the North Delhi Municipal Corporations in Jahangirpuri area. The petitioner had alleged that the demolitions were a form of “extra judicial punishment”.

The vacation bench of Justices AS Bopanna and Vikram Nath on June 16, 2022 had asked the government of Uttar Pradesh to not carry out demolition activities except in accordance with the procedure established by law.

Three days were granted to the state to demonstrate how the recent demolitions were in compliance with the procedural and municipal laws. “The order clearly stated that Action will only be in accordance with law.

In compliance with the Court’s order, UP government through an affidavit submitted to the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973.

Uttar Pradesh government also submitted that the Petitioner has “cherry picked” two demolition actions of illegal constructions in the properties of one Mr. Ishtiaq Ahmad and one Mr. Riyaz Ahmed that took place in Kanpur in an attempt to falsely link the same to the riot.

The State has also mentioned that the proceedings under the Urban Planning Act against the two buildings had been initiated by the Kanpur Development Authority long before the incidents of rioting.

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