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Jamiat Ulema-i-Hind moves Supreme Court against demolition in UP

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The Jamiat Ulema-I-Hind on Monday filed an application in the Supreme Court, seeking directions to the government of Uttar Pradesh to ensure that no further demolitions were carried out in the state, without following due process.

The plea sought directions to initiate action against the officials responsible for the houses demolished, allegedly in violation of the rule of law and the municipal laws enacted by the State of Uttar Pradesh.

The Apex Court had, on April 21, issued notice and directed status quo against the demolition drive launched by the North Delhi Municipal Corporation (NDMC) in the riot-hit Jahangirpuri area.

The present application, filed through Advocates Kabir Dixit and Sarim Naved, sought directions to the government of Uttar Pradesh that no precipitative action should be taken in Kanpur district against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.

As per the application, some objectionable 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 the Hindus and Muslims, during which the two communities resorted to stone pelting.

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, including the Chief Minister of the state who said in the media that the houses of accused persons would be razed using bulldozers.

Such plans of the state of proceeding with vengeance are against our democratic values and resultantly, weaken the justice delivery system of the state.

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.

Adoption of such extra-legal measures was clearly in violation of the principles of natural justice, especially when the Supreme Court is hearing the present matter.

The plea said the present situation is more alarming as the Supreme Court in the present case had already ordered stay of demolitions that were being carried out as a a punitive measure in Northwest Delhi in similar circumstances.

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.

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