Bahraich violence: SC stays demolition notices in UP case, intervenes to prevent mass demolitions

UP News: The Uttar Pradesh government has assured the Supreme Court that authorities won't take any action till October 23 on demolition notices issued against some buildings belonging to persons involved in the October 13 Bahraich violence. The violence, which led to the brutal murder of 22-year-old Ram Gopal Mishra, erupted after a Muslim mob pelted stones at a Durga idol immersion procession.

SC intervenes to halt demolitions

Chief Minister Yogi Adityanath’s administration’s action to demolish the properties of three accused in the Bahraich riot case was put on hold by the Supreme Court on October 22 until the next hearing on October 23. The court noted that the state administration has the "choice" to risk defying its rulings but pointed out that its decision in the "bulldozer justice" case makes it clear that it won't intervene if the structures being demolished are unlawful.

On behalf of the Uttar Pradesh government, Additional Solicitor General K M Nataraj was directed by a bench of Justices B R Gavai and K V Vishwanathan to hold off on taking any action until October 23. “We will not do anything,” he responded. The Supreme Court has prohibited demolitions nationwide without its consent, except in cases involving encroachments on public roads, walkways, railroad tracks, or bodies of water.

Situation under control, five arrested in Bahraich violence

The Uttar Pradesh Director General of Police (DGP), Prashant Kumar, informed that the situation is now under control and that of the five people arrested concerning the Bahraich violence, two were hurt during a police encounter while the other three were brought into custody. The Public Works Department (PWD) recently issued notices to demolish the properties of individuals named as offenders in the case, citing that their constructions were unlawful. Three of them petitioned the Supreme Court on October 20 to halt the demolitions scheduled for that day.

Petitioners claim demolition notices are punitive

The petitioners alleged that the intended demolition action was punitive and that the aforementioned properties were between 10 and 70 years old. They claimed that the government’s allegation of “unauthorised construction” was only a front to circumvent the Supreme Court’s demolition delay order. On behalf of the petitioners, senior lawyer CU Singh stated that notifications were sent on October 17 and pasted on the evening of October 18. He contended that one of the applicant’s father and brother had turned themselves in. “There is a clear violation of your lordship’s orders. The PWD has issued notices for demolition within three days,” Singh alleged.

Allahabad HC also hearing the case

The state’s attorney told the bench that the issue involving the bulldozer action is also before the Allahabad High Court. The High Court gave the parties an additional 15 days to reply to the notifications following an urgent hearing on October 20. Singh, however, maintained that the High Court had not offered any protection. The Supreme Court subsequently posted the case for hearing and instructed the administration to wait until the next hearing to take any action.