Supreme Court of India

Bahraich violence accused files plea in SC for urgent relief against demolition notices

An intervention application (IA) has been submitted in the ongoing case regarding the state government's "bulldozer action" against the accused.

by · The Siasat Daily

Three individuals accused of being involved in Baharaich violence filed a petition in the Supreme Court seeking urgent relief against demolition notices issued to them by authorities for a proposed demolition scheduled for Sunday, October 20.

An intervention application (IA) has been submitted in the ongoing case regarding the state government’s “bulldozer action” against the accused.

The IA requested a stay on the demolition and the notices issued to the three individuals. It cites a local MLA’s statement suggesting that the administration has posted a demolition notice on the property of the main accused, Abdul Hameed, with further actions to follow.

The three individuals, who work as hawkers and farmers, argue that their properties, some of which are 10 to 70 years old, are being targeted as a form of punishment for the October 13 violence. They further claim that the government’s assertion of unauthorized construction is merely a pretext to bypass the Supreme Court’s stay on demolition without legal permission.

The petition emphasizes that the short notice of three days to respond to the demolition order denies them a reasonable opportunity to seek legal remedies to protect their long-standing properties. They also allege a “pick and choose” policy by the Uttar Pradesh government, pointing out that an adjacent neighbour has not received any notice.

Demolition notices issued to 23 properties in UP

The Public Works Department in Uttar Pradesh’s riot-hit town Bahraich issued notices to the alleged illegal construction of 23 houses and shops, giving the owners three days to demolish them.

The action comes in the wake of violent riots in the area. The notice was also pasted on the property of Abdul Hameed accused of shooting 22-year-old Gopal Mishra. The authorities have given property owners just three days to comply with the demolition order.

While confirming the decision, Block Development Officer (BDO), Mahsi, Hemant Kumar Yadav said “We have been asked to be prepared for action. Three days were given to the encroachers and the action would take place probably on Sunday or Monday as per the instruction.”

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Demolition notices issued to 23 properties in UP’s Bahraich post clashes

The Baharaich violence

On October 13, a procession for the immersion of a Goddess Durga idol took place in the Maharajganj area of Bahraich. The event turned violent when some local members of a particular community raised objections to the loud music being played.

During the procession, Ram Gopal Mishra climbed onto the roof of a house belonging to a member of that community, removed a green flag associated with Islam, and waved a saffron flag instead. Supporters of the procession began chanting slogans such as ‘Jai Shri Ram and ‘Jai Bajrang Bali.’

Shortly thereafter, Mishra was shot and succumbed to his injuries. This incident incited those attending the procession to retaliate violently, leading to protests during which they wielded sticks and iron rods, setting fire to shops, vehicles, and properties associated with the targeted community.

The violence persisted for approximately two days, prompting authorities to suspend internet services for four days. On the night of October 13, an FIR was filed against six known individuals and four unidentified persons under Sections 191(2), 191(3), 190, and 103(2) of the BNS.