Supreme Court gives 3 days to UP to reply to plea by Jamiat over demolition

Supreme Court grants three days time to the Uttar Pradesh state government to file their reply over the pleas filed by Jamiat-E-Ulema Hind seeking to stop demolition in Uttar Pradesh in the aftermath of Kanpur Violence.

New Delhi, June 16: Supreme Court today granted three days time to the Uttar Pradesh state government and other respondents to file their reply and objections over the fresh pleas filed by Jamiat-E-Ulema Hind seeking to stop demolition in Uttar Pradesh in the aftermath of Kanpur Violence.

A two-judge vacation bench of the Supreme Court, headed by Justice A S Bopana and also comprising Justice Vikram Nath granted three days time to the Uttar Pradesh state government and other respondents to file their reply and objections.

The Supreme Court, which was hearing the fresh pleas filed by Jamiat-E-Ulema Hind, seeking to stop demolition in Uttar Pradesh, fixed the next date of hearing in the case as June 21, Tuesday.

The Bench of the Apex Court, said it can’t stay demolition. Can ask for the same to be done in accordance with law.

The Supreme Court’s two-judge vacation bench was hearing the petition filed by Jamiat Ulama-I-Hind, seeking appropriate direction to the State of Uttar Pradesh Government to ensure that no further demolitions are carried out without following due process of law.

During the course of the hearing, senior lawyer, Chander Uday Singh, for the petitioner. Started arguing and said that the notice was issued on a criminal plea. And the status quo was technically confined to Delhi only.

This demolition has been going on despite the SC order. “Something appalling is happening and we have never seen such kind of scenes. Thereby the dote need arise to file the Intervention Application in the case,” Singh said.

“We have a constitution and are governed by law,” Singh argued.

“They need to justify by doing so (demolition) and how can they continue to demolish it,” Singh said.

Bulldozers are the new system of delivering Justice, Nithya Ramakrishnan. Another lawyer for Jamiat Ulama-I-Hind the petitioner questioned, how they can do like this?

It is being simply justified, by saying these were illegal constructions. Houses are demolished bringing in bulldozer, Highest functionaries have said bulldozers will be employed. Against those who take law into their own hands, Singh said.

“Where is the notice?,” Singh said and added that notice must have to be given to those persons. Or anyone, who illegally constructed buildings and houses. Minimum 15 days of notice shall have to be given at least, and a maximum of 40 days.

Opposing the arguments of Singh, the Solicitor General (SG) Tushar Mehta, said none of the affected parties have moved the Supreme Court and this demolition started from Jahangirpuri.

Singh intervened and said, what’s happening is unconstitutional. Shocking, it is appalling and this is being done targeting a particular community.

The SG Mehta for Uttar Pradesh Government, said that I don’t want this issue to be a political one.

Notices were given to the affected parties earlier before the demolition, “irrespective of religions”. In the case, Mehta said and objected to the arguments of Singh. That no notices were given to the affected parties.

The entire genesis that no procedure was followed. And it is based on certain irrelevant submissions made by parties, Mehta said.

“Due process of law is followed and notices were given to the persons or parties. Who had made illegal constructions, asking them to respond to their illegal act,” Mehta strongly submitted.

Show cause notice were issued on various dates. Including that of on August 17, 2020, and were given to the affected parties in the case. Then seal was made in these illegal constructions. And it was broken then subsequently, senior lawyer and former Solicitor General, Harish Salve, appearing for Uttar Pradesh administration submitted to the Supreme Court.

Jamiat Ulama-I-Hind had knocked the doors of the Supreme Court on June 13, seeking appropriate direction to the State of Uttar Pradesh Government to ensure that no further demolitions are carried out without following due process of law.

The application filed by Jamiat Ulama-I-Hind, filed before the Supreme Court, sought directions to initiate action against those officials concerned responsible for the houses allegedly demolished in violation of the rule of law and the municipal laws enacted by the State of Uttar Pradesh.

According to the petitioner, Jamiat Ulama-I-Hind, the present situation is more alarming as the Supreme Court had already ordered stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances. “It is a violation of the orders of the Supreme Court,” it said.

“We seek appropriate directions to initiate action against those officials concerned responsible for the houses allegedly demolished in violation of the rule of law and the municipal laws enacted by the State of Uttar Pradesh,” the petition filed by Jamiat Ulama-I-Hind, before the Supreme Court said.

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