Supreme Court to hear petitions against “extra-legal” demolition after protests in Kanpur and Prayagraj

Jamiat had earlier filed another petition on the issue of demolition of buildings and other allegedly illegal structures in the national capital’s Jahangirpuri.

Jamiat had earlier filed another petition on the issue of demolition of buildings and other allegedly illegal structures in the national capital’s Jahangirpuri.

The Supreme Court on Wednesday will hear petitions against the “extra-legal” demolition of buildings belonging to those accused in violent protests in Uttar Pradesh’s Kanpur and Prayagraj over objectionable remarks made so far by two BJP functionaries on Prophet Mohammad. Is.

A vacation bench of Justice Surya Kant and Justice JB Pardiwala is scheduled to hear the petitions filed by Jamiat Ulama-e-Hind, a Muslim body.

Jamiat had earlier filed another petition on the issue of demolition of buildings and other allegedly illegal structures in the national capital’s Jahangirpuri.

The Uttar Pradesh government, in an affidavit to the Supreme Court, has told the Supreme Court that the demolition was carried out in accordance with law and that the exercise was in no way intended to punish the accused, who were involved in violent protests following remarks made by BJP leaders. were involved. Prophet.

“The said demolitions mentioned in the interactive applications have been carried out by the Local Development Authority, a statutory autonomous body independent of the State Administration, as part of their regular effort against unauthorized/illegal constructions and encroachments in accordance with the law, UP Urban Planning and Development Act, 1972,” the state government has said.

It has said that any genuinely affected party, if any, has approached the apex court against the legal demolition action.

“It is humbly submitted that as far as taking action against persons accused of rioting is concerned, the State Government is taking strict action against them as per completely different laws – CrPC, UP Gangster, and Anti-Social Activities. (Prevention) Act, 1986 and Rules, 2021, Prevention of Damage to Public Property Act and Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020 and Rules, 2021”, it said.

It was noted that two builders in Kanpur also admitted that the demolished structures were illegal.

The state government has also pointed out that the apex court, in a recent petition filed by a political party regarding the alleged demolition exercise at Shaheen Bagh in New Delhi, has only mentioned the affected party and not the political party. and allow the petition. to be withdrawn.

The state government has taken “strong exception” to the attempt by the petitioners to name the highest constitutional functionaries of the state and “mis-color” the legitimate actions of the local development authority as “additional legal punitive measures” against the accused persons. particular religious community.

It dismissed the allegations as false.

On the other hand, the petitioners cited communal tension in both the cities over the objectionable remarks made by two BJP leaders, which led to protests and scuffles.

A plea said, “After the violence in Kanpur, several officials have said in the media that the properties of the suspects/accused will be confiscated and demolished. Even the Chief Minister of the state has said in the media That the houses of the accused persons would be bulldozers into demolition. The petition alleged that the adoption of such “extra-legal measures” is a clear violation of the principles of natural justice, especially when the apex court is hearing the present matter.

BJP’s national spokesperson Nupur Sharma was suspended and the party’s Delhi unit’s media chief Naveen Kumar Jindal was expelled amid an uproar over her remarks against the Prophet, which triggered protests in many places across the country. .