Supreme Court Cautions Uttar Pradesh on Demolition Actions Amid Ongoing Legal Challenge

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New Delhi: The Supreme Court has issued a warning to the Uttar Pradesh government regarding the demolition notices that followed a communal clash in Bahraich. During a hearing on this matter, the court emphasized that it is ultimately the state government’s decision if it chooses to disregard the Supreme Court’s directives. The justices clarified that they would not interfere if the structures slated for demolition are deemed illegal.

Justices BR Gavai and KV Viswanathan instructed the Uttar Pradesh authorities to refrain from any actions before the next scheduled hearing. Senior Advocate CU Singh, representing the petitioners, argued that the local administration had issued demolition notices in the wake of violence on October 13, which resulted in one death, and requested a response within three days.

Singh detailed that notices were allegedly issued on October 17 but only made public on the evening of the 18th. He pointed out that they had sought a hearing on the previous Sunday, which did not occur, and that some individuals had sought intervention from the High Court.

The Allahabad High Court previously granted a 15-day extension for responses to the demolition notices and instructed state authorities to review these responses before making any decisions. Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, confirmed that no actions would take place until the following day.

“If the authorities in Uttar Pradesh choose to disregard our order, that is their decision,” Justice Gavai remarked. Justice Viswanathan reinforced that the High Court’s extension provided ample time for replies to the demolition notices. However, Singh expressed concern that the petitioners had not received any form of protection from potential actions.

The Supreme Court is currently evaluating several petitions against the controversial practice known as “bulldozer justice,” which refers to the demolition of properties owned by individuals accused in criminal cases. The court has stated that accusations alone cannot justify such demolitions, and actions must only be taken against properties violating civic regulations. The court has also suspended demolitions conducted without prior approval.

In Bahraich, tensions erupted on October 13 during a procession for Durga Puja idol immersion when a group objected to loud music near a mosque. This confrontation escalated into violence, resulting in arson and property damage, prompting local authorities to shut down internet services. A 22-year-old named Ram Gopal Mishra was killed in the unrest, and a video surfaced showing him replacing a green flag on a rooftop with a saffron one.

Authorities have apprehended five individuals suspected in Mishra’s death, including Mohammad Faheen, Mohammad Sarfaraz, Abdul Hameed, Mohammad Taleem (alias Sabloo), and Mohammad Afzal. Notably, Talim and Sarfaraz were captured after sustaining injuries in an encounter with police while attempting to flee toward Nepal.

In total, 104 people have been arrested in relation to the violent incidents, and 23 properties have received demolition notices, including Hameed’s, who is implicated in Mishra’s death. Officials maintain that these notices are part of a regular anti-encroachment initiative, but local residents are alarmed, with shopkeepers beginning to vacate their businesses

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