Bahraich violence: Fearing bulldozer action, plea filed in SC against demolition of accused properties

Fearing a bulldozer action, a plea seeking a stay against the demolition notices issued by the Uttar Pradesh authorities against the accused Abdul Hameed and several others in the Bahraich violence case moved in the Supreme Court. The application sought a stay on bulldozer action by the Uttar Pradesh authority.

According to Live Law, the three persons alleged to be related to the incident of violence that took place in the city of Bahraich on October 13, have filed an intervention application (IA) seeking urgent relief "bulldozer-action" by the state government.

It is important to note that the Public Works Department (PWD) issued a demolition notice for Hameed's residence in Bahraich.

Filing a joint petition for the three accused in the case, advocate Mrigank Prabhakar urged the the apex court to quash the demolition notices dated October 17, 2024, which were pasted on the properties of the accused on the night of October 18, 2024.

The petitioners have requested for maintaining the status quo as of the date of the notice's issuance.

The petitioners claimed that the said properties are 10-70 years old and alleged that the proposed action is punitive and the government's defense of 'unauthorized construction' is merely a ruse to illegally overcome the Court's stay order on demolitions.

"The trigger for the proposed demolitions notices is the close proximity of the communal flare-up and violence incident...the urgency shown and the short 3 days time that has been given to respond to the Notice when the applicants have been occupying the house/shops for decades. The short time of 3 days to respond to the notice...denies reasonable opportunity and time to the applicants to seek legal remedy," Live Law quoted the petition.

Meanwhile, Awadhesh Prasad—the Samajwadi Party MP from Faizabad—said he does not understand why CM Yogi is taking this approach, as there is no provision for the use of bulldozers in the rule of law.

“As far as the bulldozer is concerned, it is not mentioned anywhere in the law, whether in the IPC, CrPC, or the Evidence Act. No matter how severe the crime, the law allows for provisions such as the death penalty, but there is no provision for using a bulldozer and demolishing property. I don't understand why Yogi Baba is doing this. He seems to have his own system; he wants to implement his own law in Uttar Pradesh,” the Samajwadi Party MP said.