Follow due process of law before razing house of accused, says HC

BHOPAL: The Madhya Pradesh high court on Thursday asked the state government not to demolish the home of an accused in the Khargone communal violence without following “due process of law”.

The petition was filed by one Fareeda Bi, a resident of Tawadi Mohalla on Thursday, whose husband, Firoz Khan, was arrested on Tuesday in connection to his alleged involvement in the violence.

In the plea, Fareeda moved the court seeking protection against possible demolition of her newly constructed 1400 sq mt house as municipal council officials asked her to produce building permissions after Khan was arrested.

“We have spent all our savings in constructing the house and now, municipality is looking for a reason to demolish my house,” Fareeda’s plea states.

A single judge bench of Vijay Kumar Shukla asked the state government’s response.

On the behalf of the state government, advocate general Pushyamitra Bhargava gave a written assurance that no action would be taken with regard to the demolition without due process.

“The petition is filed on apprehension that the respondents may demolish the structure of the house of the petitioner without following the due process of law. Learned additional advocate general for the respondents/ state submits that no action shall be taken against the petitioner for demolition of the house without following due process of law. In view of the aforesaid statement... the court disposes of the petition,” the judge said.

On Wednesday, the Jabalpur bench of the HC had rejected a PIL seeking a ban on demolition saying it was not a public issue.