Monday, August 22, 2022
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Supreme Court docket refuses blanket ban on demolitions

The Supreme Court docket at present refused to move a blanket order banning demolitions throughout states, stressing that such a transfer will curtail the rights of municipal authorities.

The court docket is listening to a petition by Muslim physique Jamiat Ulama-i-Hind towards demolition workout routines that, it has alleged, particularly focused members of the minority group.

The Supreme Court docket had issued a discover to the Uttar Pradesh authorities on this connection. In its reply to the court docket, the state authorities has maintained that the demolition drives had been routine workout routines to take away encroachment.

The court docket has now sought the replies of Madhya Pradesh and Gujarat governments the place latest demolitions have drawn criticism.

Advocates Dushyant Dave and CU Singh, showing for Jamiat-Ulama-i-Hind, mentioned authorities are “choosing and selecting” and demolishing houses of individuals from the “different group”.

The petitioner mentioned “taking benefit” of municipal firms to demolish houses just isn’t proper. The petitioner’s counsel additionally mentioned there’s a “sample of demolitions” throughout the nation “after each communal incident”. “That is towards the construction of democracy, not good for us as a society,” they mentioned.

Responding to the arguments, Solicitor Normal Tushar Mehta and Senior Advocate Harish Salve mentioned there is no such thing as a “different group” as identified by the petitioner and “all communities are Indian communities”.

They burdened that there is no such thing as a connection between the demolitions and rioting, and that the anti-encroachment workout routines began lengthy earlier than the riots. They mentioned “pointless sensational hype” should not be created.

Urging the court docket to not impose a blanket ban on demolitions, they mentioned the “rule of legislation must be adopted”. “Not each riot accused might be shielded from demolitions beneath a blanket order,” the UP authorities counsel mentioned.

The Uttar Pradesh authorities had come beneath criticism after it razed the house of Javed Mohammed, the principle accused within the violence in Prayagraj over suspended BJP chief Nupur Sharma’s remarks on Prophet Muhammad.

The bulldozer rolled in hours after a discover was caught outdoors the native politician’s home, claiming unlawful building.

Whereas the federal government has claimed that Mr Mohammed had not replied to earlier notices, the household has mentioned they didn’t obtain any.

The state has burdened that the demolitions in Uttar Pradesh had been lawful and motion towards rioters is being taken beneath separate legal guidelines.



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