New Delhi: The Supreme Court on Tuesday paused the Uttar Pradesh government's demolition of properties belonging to three accused in the Bahraich violence case, warning officials of possible contempt charges if they proceeded. The court instructed the state government to refrain from any demolition action until the next hearing scheduled for Wednesday.
The court's intervention comes in response to pleas challenging the government's move to demolish properties following communal violence in Bahraich, where a man named Ram Gopal Mishra was shot dead during a Durga Puja procession on October 13. The violence occurred as tensions rose over music being played during the procession near a mosque, leading to the arrest of several suspects, including Mohd Talim and Mohd Sarfraz, at the Nepal border after a brief encounter.
The petitioners, represented by senior advocate CU Singh, argued that the demolition notices issued by the Public Works Department (PWD) were punitive and violated the Supreme Court's previous orders restraining demolitions without due process. The properties in question are said to be 10-70 years old, and the petitioners claimed the government’s justification of "unauthorized construction" was an excuse to bypass the court’s stay on demolitions.
Justice BR Gavai, leading the bench, sternly warned the Uttar Pradesh government about the consequences of flouting the court’s orders. “If they want to take the risk of flouting our orders, it’s their choice,” he remarked. The court had earlier issued nationwide orders on September 17 and October 1 prohibiting demolitions without its permission, except in cases involving encroachments on public roads, footpaths, railway lines, or water bodies.
Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, assured the court that no demolition action would be taken until Wednesday. The government had initially claimed that the Allahabad High Court was handling the matter, having granted 15 days for a response to the notices, but the petitioners argued that the High Court had not provided any protection.
The Supreme Court will hear arguments from both sides on Wednesday, with the petitioners seeking to halt what they describe as unlawful punitive demolitions linked to the Bahraich violence.