Demolitions to happen only as per law, not as a measure of retaliation: SC to UP government

The Supreme Court on Thursday told the Uttar Pradesh government that demolitions of houses must be done in accordance with the law and not as a retaliatory measure. The state government authorities razed down houses of those accused of rioting and stone pelting last week in Kanpur, Prayagraj and Saharanpur.

Taking up a plea by Jamiat Ulama-I-Hind, a vacation bench of Justices A S Bopanna and Vikram Nath said, "We can't stay demolition but can say it should only happen in accordance with the provisions of the Act and not as a measure of retaliation. We are sensitive to this issue and we are saying they (authorities) should also be sensitive to this."

The top court sought a response from the state government on recent demolitions and put the matter for consideration on Tuesday.

Also read: Political significance of Uttar Pradesh’s bulldozer demolitions

The plea, filed in pending matter related to similar demolitions after Jahangirpuri riots, questioned a series of actions taken in Kanpur and Prayagraj after violent protests over remarks by suspended BJP leaders on Prophet Mohammed.

Senior counsel Chander Uday Singh, Huzefa Ahmadi and Nithya Ramakrishnan, appearing for the applicant, alleged "unconstitutional, appalling and shocking" way of acts by the state government, which carried out the demolitions of houses without any notice, contrary to the mandate of law.

"We are conscious that no demolition can take place without notice and following due process. Everything should look fair. People must have confidence when the matter is before the highest court of the land...It should not be done without following the due process. Our concern is that the rule of law must be followed in every case,” the bench orally said.

Solicitor General Tushar Mehta and senior advocate Harish Salve, appearing for the state government and municipal bodies respectively, claimed due process was followed in each case of demolition.

Both Mehta and Salve denied targeting of any particular community in the process. They also submitted no general order can be passed against demolition at the instance of an organisation, having no information on show cause notice issued in separate cases.

The bench, however, said that it may not be possible for all individuals to approach the court and the technicalities should not stand in the way of the issues concerning the due process.

“We are also parts of society. We also see what's happening...Everything should look fair...Ultimately, when someone has a grievance, he has a right to have it addressed,” the bench said.

The counsel for Jamiat claimed that it was a case of “curious coincidence” that demolitions were carried out against those made accused in recent protests. They also cited statements by high constitutional functionaries, including Uttar Pradesh Chief Minister Yogi Adityanath, that bulldozers will be used to teach lessons to protesters.

The state counsel sought time to bring everything on record by filing a response.