Demolition Drive Against Alleged Rioters

After Kanpur’s demolition drive, the Jamiat Ulama-I-Hind approached the Apex Court seeking directions to the State of UP to ensure that no further demolition takes place without following the due process of law. The application also sought the court directions to take action against the responsible officials for the houses demolished without following the municipal law and laws of the country. 

A similar incident faced in Jahangirpuri witnessed back-to-back incidents of violence in April during Hanuman Jayanti. The BJP-ruled North Delhi Municipal Corporation removed illegal encroachment or illegal stay of the people in Jahangirpuri. 

In this instant case, the relief had been made by filling the application in an earlier petition about the Demolition drive incident taking place in Delhi’s Jahangirpuri. In April, the court had issued a notice in that case and the status quo should be maintained against the North Delhi Municipal Corporation’s demolition drive in Jahangirpuri. The Supreme Court made a stay on the demolition drive of Jahangirpuri.

The applicant, in this case, sought directions from the State of UP that no action has to be made in Kanpur against the commercial or residential property of any accused in the demolition case. The applicant stated that the matter is related to the two political leaders who made some offensive statements and remarks leads to Hindu-Muslim communal tensions across the country and caused stone-pelting. 

Kanpur communal violence is a warning bell. A riot is instigated by the Muslim youth, a national president of the local non-government organisation. He has publicly announced the outfit’s resolve to protest against the objectionable remark made by BJP spokesperson Nupur Sharma against Prophet Mohammad during a debate on a national TV channel. 

The applicant stated that after the incident in Kanpur, some authorities and the UP Chief Minister stated that the properties of the accused are to be confiscated and demolished. 

The applicant requested the Apex Court to issue directions that such demolition drives would be done as per the law. The applicant also mentioned that such demolition drives are illegal and if these actions have been taken without following the laws then it is a violation of natural justice.

As the order of demolition of a building is given under Section 368, the Power of commission to order demolition of the building is unfair for human habitation. 

The demolition has been made only after giving the notice to the owner of the building to give him or her the opportunity of showing that his construction is illegal or legal. When a court orders for demolition the notice by the municipal corporation is given to the affected person of the property and a time either to obtain a stay order or to prove that the building is legal or illegal. No sudden order to demolish the building is not sustainable in the eyes of law. 

The leaders stated that the North Delhi Municipal Corporations’ move was the demolition of the Constitution. The demolition has been stopped after the immediate order by the Supreme Court. The demolition has to be in the purview of law or has to be correct in the eyes of law with proper notice.