The Supreme Court on Wednesday refused to cross an interim order staying the continued demolition drives throughout the nation, stating that such motion would quantity to instantly interfering with the rights of municipal authorities to behave towards violators. The prime court docket was listening to a plea filed by Jamiat Ulama-i-Hind alleging that the minority neighborhood was being focused for merely being accused of riots, with the motion being undertaken by the police, as an alternative of the municipal authorities.
The bench of Justices BR Gavai and PS Narasimha orally said, “Rule of law has to be followed, no dispute. But can we pass an omnibus order. If under the Municipal law the construction is unauthorized, can an omnibus order be passed to restrain authorities?”
Senior Advocate Dushyant Dave, the counsel for the Muslim physique, argued that “there was a pick and choose against the other community.” Solicitor General Tushar Mehta, showing for the UP authorities, stated that “there is no other community except the Indian community.” SG Mehta additional identified that the demolition drive in Uttar Pradesh was undertaken in accordance with the regulation, and notices had been despatched a lot earlier than the riots towards BJP chief Nupur Sharma’s feedback on Prophet Mohammed.
“Demolition of houses merely because somebody is accused in a crime is not acceptable in our society. We are governed by rule of law…”, stated Dave, whereas arguing on behalf of the petitioners. Dave stated that home of an accused in Assam was demolished lately, citing a report by The Indian Express. “We have given numerous cases, where police officers announcing demolition and demolishing the houses of the accused,” Jamiat’s counsel CU Singh stated.
Earlier, the highest court docket had requested the UP authorities to file an in depth reply concerning the demolition drive. In its reply, the state authorities maintained that the unlawful buildings had been being razed by the native municipal authorities as a way to forestall any encroachment. The prime court docket has now requested the Madhya Pradesh and Gujarat governments to file an in depth reply with respect to the demolitions there.
Source: www.financialexpress.com”