Follow due procedure under the law: SC hearing plea against UP demolitions

The Jamiat Ulama-i-Hind's plea has said that no demolitions of properties be carried out without following due process

The Supreme Court on Thursday observed that authorities should strictly follow the due procedure while carrying out demolitions.

The Apex court sought replies from the Uttar Pradesh government on a plea filed by Jamiat Ulama-i-Hind against demolishing private properties in the state. The UP government had termed two individuals as "masterminds" of the violent protest that erupted in Kanpur on June 10 and demolished what the state government termed their "illegal properties".

Everything should be fair. We expect the authorities to strictly follow the due procedure under the law, the Supreme Court said.

The pleas filed by the Muslim body Jamiat Ulama-i-Hind have said that no demolitions of properties should be carried out without due process, and such exercise should be done only after adequate notice.

A vacation bench of Justices A S Bopanna and Vikram Nath will hear the matter on June 21 next.

"On the day of the protest, a scuffle broke out between the Hindu and Muslim religious communities, and stone-pelting took place between the two communities. After the violence in Kanpur, a number of persons in authority have stated in the media that the properties of suspects/accused would be confiscated and demolished. Even the Chief Minister of the state has said in the media that the houses of accused persons would be razed using bulldozers," one of the pleas said.

According to the plea, adopting such extra-legal measures violates the principles of natural justice, especially when the Apex court hears the present matter.

"That demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing to each of the affected persons as mandated by this Court," the plea said.

Meanwhile, the Prayagraj Development Authority has said that the house was demolished as it was built against the provisions of the UP State Planning and Development Rules of 1973 and was an illegal construction.

The house, which is registered in the name of Javed's wife, Parveen Fatima, was demolished two days after a June 10 protest against objectionable comments made by now-suspended BJP spokesperson Nupur Sharma against Prophet Muhammad turned violent.