SC on UP demolitions: Authorities should strictly follow due process under law

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Stating that "everything should be fair" and authorities should strictly follow due procedure under the law, the Supreme Court on Thursday gave the Uttar Pradesh government and its authorities three days to respond to pleas alleging that houses of those accused in last week's violence were illegally demolished.

There must be a sense among the citizens that rule of law prevails in the country, a vacation bench of Justices A S Bopanna and Vikram Nath said. The bench has posted the matter for further hearing on Tuesday.

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

Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, and senior advocate Harish Salve, representing the Kanpur and Prayagraj civic authorities, said due process of law was followed and notice in one instance of a demolition was given way back in August 2020.

Mehta said none of the affected parties are before the court and a Muslim body, the Jamiat Ulama-i-Hind, has approached the court seeking a generic order that there should not be any demolition.

Senior advocates C U Singh, Huzefa Ahmadi and Nitya Ramakrishnan, appearing for the Jamiat Ulama-i-Hind, said statements are being made by the highest constitutional authorities, including the Uttar Pradesh chief minister, and demolitions are subsequently being carried out without giving an opportunity to the alleged riot accused to vacate their houses.

The top court was hearing pleas filed by the Muslim body seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of alleged accused of recent violence are carried out in the State.