The Uttar Pradesh government has assured the Supreme Court that authorities won’t take any action till 23rd October on demolition notices issued against some buildings belonging to persons involved in the 13th October Bahraich violence in the state which led to the brutal murder of 22-year-old Ram Gopal Mishra. A Muslim mob had pelted stones at the procession of Durga idol Visarjan and violence had ensued between the two communities.
Chief Minister Yogi Adityanath’s administration’s action to demolish the properties of three accused in the Bahraich riot case was put on hold by the Supreme Court on 22nd October until the next hearing on 23rd October. According to the court, the state administration has the “choice” to risk defying the rulings of the highest court. However, the court pointed out that its decision in the “bulldozer justice” case makes it clear that it will not step in if the structures that are being demolished are unlawful. “You are aware of the orders passed by this court. If they (the Uttar Pradesh government) want to take the risk of flouting these orders, that’s their choice,” the court stated while hearing a plea challenging demolition notices served in Bahraich.
On behalf of the Uttar Pradesh government, Additional Solicitor General K M Nataraj was directed by a bench of Justices B R Gavai and K V Vishwanathan to hold off on taking any action until 23rd October. “We will not do anything,” he responded. With the exception of situations involving encroachments on public roads, walkways, railroad tracks, or bodies of water, the Supreme Court has prohibited demolitions nationwide without its consent. The apex court reserved its decision in a series of petitions contesting ‘illegal’ bulldozer demolitions by authorities on 1st October.
The Uttar Pradesh Director General of Police (DGP), Prashant Kumar, informed that the situation is now under control and that of the five people arrested concerning the Bahraich violence, two were hurt during a police encounter while the other three were brought into custody. The Public Works Department (PWD) recently issued notices to demolish the properties of individuals named as offenders in the case citing that their constructions were unlawful. Three of them petitioned the Supreme Court on 20th October to halt the demolitions that were scheduled for that day.
The petitioners alleged that the intended demolition action was punitive and that the aforementioned properties were between 10 and 70 years old. They claimed that the government’s allegation of “unauthorised construction” was only a front to circumvent the Supreme Court’s demolition delay order. On behalf of the petitioners, senior lawyer CU Singh stated that notifications were sent on 17th October and pasted on the evening of 18th October. He contended that one of the applicant’s father and brother had turned themselves in. “There is a clear violation of your lordship’s orders. The PWD has issued notices for demolition within three days,” Singh alleged.
The state’s attorney told the bench that the issue involving the bulldozer action is also before the Allahabad High Court. The High Court gave the parties an additional 15 days to reply to the notifications following an urgent hearing on 20th October. Singh, however, maintained that the High Court had not offered any protection. The Supreme Court subsequently posted the case for hearing and instructed the administration to wait until the next hearing to take any action.
