Monday, January 30, 2023

Supreme Court to hear Jamiat plea against bulldozing of homes, properties of rioting suspects in UP

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The Supreme Court will hear on Thursday, June 16, the Jamiat Ulema-i-Hind petition seeking a stay on the use of bulldozers in Uttar Pradesh.

The Jamiat Ulema-e-Hind had filed the plea on Monday and it has been listed before the vacation bench of Justice A.S. Bopanna and Justice Vikram Nath.

The Jamiat had also sought action to be taken against those officials responsible for the bulldozer action. It had sought that no further such action be allowed without following due process.

The plea has been bunched together with the Jamiat’s plea against the North Delhi Municipal Corporation’s (NDMC) bulldozer action that removed encroachments in Jahangirpuri’s C block soon after a Hanuman Jayanti procession turned violent on April 16.

This application sought directions to the government of Uttar Pradesh that no precipitative action should be taken in Kanpur district against residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.

As per the application, some objectiona-ble and offensive remarks were made by two political leaders a few days ago, which led to communal tension in several parts of the country. This was followed by a bandh call, made by a particular group of people in Kanpur.

On the day of the protest, a scuffle broke out between Hindus and Muslims, which was followed by stone pelting.

After the violence in Kanpur, a number of persons in authority told the media that the properties of suspects/accused would be confiscated and demolished, including the Chief Minister, who said the houses of accused persons would be razed using bulldozers.

The decision of proceeding with demolition of properties of accused persons is clearly illegal and doing so without providing a reason opportunity of hearing is also in violation of the municipal laws of the state, as well as violating principles of natural justice.

The 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 the Supreme Court, the plea said.

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