Bahraich violence: Supreme Court halts bulldozer action on accused for a day

The Uttar Pradesh government has issued demolition notices to three people involved in communal violence in Bahraich over music being played during a religious procession.

In Short

• Supreme Court has barred demolitions across country without its permission
• Demolition notices were issued to 3 accused in communal violence case
• Top court to continue hearing on Wednesday

The Supreme Court on Tuesday paused the Uttar Pradesh government's action to demolish properties belonging to three accused in the Bahraich violence case till the next day of hearing. The matter will be heard on Wednesday.

"You are aware of the orders passed by this court. If they (Uttar Pradesh government) want to take the risk of flouting these orders, that's their choice," Justice BR Gavai said.

The Supreme Court has barred demolitions across the country without its permission, except in cases involving encroachments on public roads, footpaths, railway lines, or water bodies. On October 1, the top court reserved its judgement in a batch of petitions challenging unlawful bulldozer demolitions by government authorities.

Last week, the Public Works Department (PWD) issued demolition notices to three people involved in communal violence in a village in Bahraich district over music being played during a religious procession. One person, Ram Gopal Mishra (22), died of gunshot injuries.

The petitioners claimed that the said properties were 10–70 years old and alleged that the proposed demolition action was punitive. They said the government's claim of "unauthorised construction" was merely a ruse to illegally overcome the Supreme Court's stay order on demolitions.

On Tuesday, senior advocate CU Singh, appearing for the petitioners, submitted that one of the applicant's father and brother had surrendered and notices were purportedly issued on October 17 and pasted on October 18 evening.

"There is a clear violation of your lordship's orders. The PWD has issued notices for demolition within three days," advocate CU Singh said.

Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, said the Allahabad High Court was hearing the matter and has given 15 days' time to respond to the notice.

However, advocate CU Singh said no protection had been granted by the High Court. The Supreme Court then asked the government not to take any action till Wednesday and posted the matter for hearing.