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SC to hear pleas against demolitions after Dussehra vacation

September 23, 2022 21:25 IST

The Supreme Court on Friday said it will hear after Dussehra vacation the pleas filed by Muslim body Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure no further demolition of properties of the accused in rioting cases is carried out.

IMAGE: A bulldozer being used to demolish illegal structures the violence-hit Jahangirpuri area, in New Delhi on April 20, 2022. Photograph: Rahul Singh/ANI Photo

The matter came up for hearing before a bench of Justices B R Gavai and C T Ravikumar, which was informed that a letter seeking adjournment has been circulated by one of the parties.

An advocate, appearing for one of the petitioners, said the pleadings in the matter are complete and the court may post it for hearing.


"We can see after the vacation," the bench observed.

The counsel requested the top court that the matter can be posted on a non-miscellaneous day.

"Let us see. Whatever is the regime, as per the regime we will decide it after the vacation," the bench observed, adding, "We have to mould ourselves in whatever regime is there."

On September 7, the apex court had said it would hear these petitions after two weeks.

Earlier on July 13, the top court had refused to pass any interim direction staying demolition of properties of those accused of involvement in violent protests across various states.

It had wondered how it could pass an omnibus order on demolitions if there is an illegal construction and the municipal  corporation or the council is authorised to take action.

The bench had also asked the parties to complete pleadings in the matter in the meantime.

On June 16, the apex court had stated that "everything should be fair" and authorities should strictly follow the due procedure under the law while giving the Uttar Pradesh government and its authorities three days to respond to pleas which alleged that the houses of those accused in violence in June were illegally demolished.

The top court was hearing pleas filed by Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of the alleged accused of the recent violence are carried out in the state.

There were widespread protests in Uttar Pradesh over the remarks made by two BJP functionaries, including the now axed spokesperson Nupur Sharma, against Prophet Mohammed.

The Muslim body had said in its plea that no demolition of properties be carried out without following the due process and such exercise is done only after adequate notice.

The Jamiat Ulama-i-Hind had earlier filed a plea on the issue of demolition of buildings belonging to Muslims in Jahangirpuri area of the national capital following communal riots.

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