Blow to Jamiat-Ulema-i-Hind as Apex Court Refuses to Stay Demolition of Illegal Properties

 - Sakshi Post

New Delhi: In a major setback to Jamiat-Ulema-i-Hind, the Supreme Court refused to pass omnibus orders restraining authorities from demolishing unauthorised constructions by the accused involved in violent protests across various states. The apex court said how it could pass an interim direction staying demolition of properties when the corporation or council is authorised to demolish an illegal construction. 

“What omnibus directions can we issue? Nobody can dispute that the rule of law has to be followed. But can we pass an omnibus order? If we pass such an omnibus order, will we not prevent the authorities from taking action by the law,” a bench of Justices B R Gavai and P S Narasimha said.

The Muslim body Jamiat-Ulema-i-Hind had approached the top court seeking directions to the Uttar Pradesh government and other states to ensure that no further demolition of properties of alleged accused in recent violent protests is carried out. Senior advocate Dushyant Dave, appearing for Jamiat-Ulema-i-Hind  said this matter is “extraordinarily”serious and the judiciary should restrain the civic authorities.

 “This country cannot permit this. We are a society governed by the rule of law which is the basic structure of the Constitution. It should be finally heard and disposed of,” Dave said while seeking an interim stay directly on the demolitions.

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He said civic authorities cannot take advantage of municipal laws and demolish houses of the accused persons while submitting that there’s a “pick and choose” policy is being adopted against other communities. 

Referring to the case of Sainik Farm in the national capital, Dave said: “The entire Sainik Farm is illegal. But nobody has touched it in 50 years. Look at the illegal farmhouses in Delhi. No action (is) taken.” Solicitor General Tushar Mehta countered the submissions and said: “There is no other community. There is only (the) Indian community.”

(With inputs from PTI)

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