Demolitions can’t be retaliatory action: SC

NEW DELHI: Demolition of properties must take place in accordance with the law and not as a retaliatory measure, the Supreme Court said on Thursday while seeking replies from the state of Uttar Pradesh and municipal authorities of two of its cities where bulldozers razed properties of people accused of allegedly participating in violent protests against remarks by two Bharatiya Janata Party (BJP) leaders on Prophet Mohammed.

“We are conscious that no demolition can take place without notice and following due process... everything should look fair. People must have confidence when the matter is before the highest court of the land... It should not be done without following the due process. Our concern is that the rule of law must be followed in every case,” remarked a bench of justices AS Bopanna and Vikram Nath, fixing Tuesday as the next date of hearing. The bench, hearing two applications filed by Muslim body Jamiat Ulama-i-Hind asking that the UP government be restrained from any further demolition of properties of people allegedly involved in any protest or riots in the aftermath of certain contentious statements made by BJP leaders, urged the state government and its authorities to “act with sensitivity”.

The court’s observations are significant: over the past few years, the governments of several states have bought into the trend of demolishing properties of those believed to be involved in riots, violent protests, or unlawful activities. In some cases, the demolitions have been carried out even before proof of guilt has been established, but experts say even the properties of those proven guilty can be demolished only if they flouted building or property laws.