The plea has sought a halt to any further demolition campaign that the government may be planning to carry out in the Kanpur district, which experienced violence during the demonstrations earlier this month: Supreme Court.
The Supreme Court will hear a petition from Jamiat-Ulama-i-Hind on Thursday challenging the demolition of private properties in Uttar Pradesh following violent protests over derogatory remarks about the Prophet. The case has been assigned to a vacation bench consisting of Justices A S Bopanna and Vikram Nath.
The petition asks for a halt to any additional demolitions planned by the authorities in the Kanpur district, which saw violence during the protests earlier this month.
On June 12, the Prayagraj government demolished the residence of activist Mohammad Javed, who, according to police, is one of the primary conspirators behind the district’s unrest.
The police have handed over a preliminary list of 37 protesters to the Prayagraj Development Authority (PDA), which would inspect their properties for irregularities and, if necessary, demolish them.
The Jamiat application, filed in a pending case in which the Supreme Court had stayed a demolition drive in Delhi’s Jahangirpuri, stated that “the adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when this Hon’ble Court is hearing the present matter.”
In the Jahangirpuri case, the Supreme Court refused to impose a nationwide demolition ban.
The Jamiat added in its current request that following the incident in Kanpur, “several officials in authority have indicated in the media that the properties of suspects/ accused would be taken and demolished.”
It stated, “Even the state’s Chief Minister has said in the media that the houses of accused persons would be razed using bulldozers. The Additional Director General (Law and Order), Mr. Prashant Kumar, and Commissioner of Police of Kanpur, Mr. Vijay Singh Meena, have reiterated that the accused’s properties would be seized and demolished.”
The plea sought the top court to compel the UP government to ensure that “no precipitative action be taken in Kanpur District against the home or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.”
It also asked the state to “ensure that any demolition exercise of any kind is carried out strictly following applicable laws, and only after due notice and an opportunity to be heard to each affected persons.”
It further requested that “residential accommodation” or “any commercial property” not be demolished as a punishment.
It added that “demolition exercise of any sort must be carried out precisely in compliance with applicable legislation, and only after due notice and chance of hearing to each affected person – as ordered by this Hon’ble Court.”
Over 350 people have been arrested in nine districts in Uttar Pradesh for their alleged involvement in protests against remarks made by BJP spokespersons Nupur Sharma and Naveen Kumar Jindal. Following that, the BJP suspended Sharma and expelled Jindal.
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