Supreme Court orders status quo on demolition drive in Jahangirpuri until further orders

Senior advocate Kapil Sibal also mentioned the plea by Jamiat Ulama-I-Hind seeking directions that residential accommodations or any commercial property cannot be demolished as a punitive measure.
Security personnel guard the violence-hit Jahangirpuri area after the clashes broke out a few days back. (Photo | PTI)
Security personnel guard the violence-hit Jahangirpuri area after the clashes broke out a few days back. (Photo | PTI)

NEW DELHI: The Supreme Court on Wednesday ordered status quo until further orders on the demolition drive started in Jahangirpuri in Delhi.

The matter was mentioned by senior advocate Dushyant Dave before the bench headed by Chief Justice NV Ramana.

“...The drive is unconstitutional, unauthorized demolition is taking place in Jahangirpuri where riots took place. No notice was served so that reply is served in 10 days,” he said before the court.

He informed the court that the demolition had started early on Wednesday and again mentioned the matter around 12 saying that it is still going on despite the orders. After that, the top court issued a communication to the concerned authorities directing it to halt the drive.

Senior advocate Kapil Sibal also mentioned the plea by Jamiat Ulama-I-Hind seeking directions that residential accommodations or any commercial property cannot be demolished as a punitive measure. The petitioners have said in the plea that the administration in several states is employing bulldozers to raze the houses of persons suspected to be involved in criminal incidents such as riots.

The court will hear both matters on April 21.

The plea by the organisation has also prayed that police personnel be provided specialised training in handling communal riots and situations where populations become restive.

The petition states that there has recently been an increase in the incidents of demolition of residential and commercial properties by government administrations in several states as a punitive measure towards persons purportedly involved in criminal incidents.

The plea further seeks directions be issued for ministers, legislators and anybody unconnected with the criminal investigation to be restrained from apportioning criminal responsibility regarding criminal action publicly or through any official communication until determination by a criminal court.

“... A number of ministers and legislators, including the Chief Minister and the Home Minister of the state of Madhya Pradesh, have made statements advocating such acts and especially threatened the minority groups with destruction of their homes and commercial properties in case of riots. Resorting to such measures/ actions is clearly against our constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons. Such measures by the governments undermine the criminal justice system of our country, including the important role of the courts,” it said.

The plea has contended that the legal process, including the pre-trial and trial stage, is hindered by these acts of the state, therefore, immediate action is needed to prevent such incidents from repeating.

The petition says that such acts by the state governments show a complete disregard for the rights of accused persons.

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