New Delhi: The Supreme Court on Wednesday questioned if it can pass an interim direction staying demolitions across states, and preventing authorities from taking action.
A bench of Justices B R Gavai and P S Narasimha asked the parties to complete pleadings in the matter, and said it will hear the plea filed by the Jamiat Ulama-i-Hind against demolitions on August 10. "Rule of law has to be followed, there is no dispute on that. But can we pass an omnibus order? If we pass such an omnibus order, will we not prevent the authorities from taking action against the violators," the bench said.
The top court was hearing pleas filed by the Muslim body seeking directions to the Uttar Pradesh government and other states to ensure that no further demolitions of properties of alleged accused in recent cases of violence are carried out.
Senior Advocate Dushyant Dave appearing for the petitioner argued that a certain community has been targetted and it is just by chance if other community's people's homes have been demolished. "Mr Dave,there is no other community, there is only Indian community," said SG Tushar Mehta asking Dave to stop creating a "sensation hype unncessarily".
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Citing an article, Advocate Dave argued that demolition of houses of people accused in a crime has been happening throughout the country and it is necessary for the court to hear the matter and pass an order to stop such drives. "We don't want this culture," argued Dave. He said that if the issue is of illegality then entire sainik farm and posh farm houses in Delhi are illegal and still they are not touched. Rule of law has to be followed, said Dave.
"This is not good for the country," argued Dave. Senior Advocate Harish Salve appearing for the state of Uttar Pradesh argued that the petitioner's argument on rule of law might be powerful but the actual foundation is "wobbly". "Can your lordship pass an order that a house should not be demolished merely because he is an accused?" argued Salve.
Bench also said that there is no dispute that the rule of law has to be followed but can it pass an omnibus order restraining the authorities to demolish illegal houses. The bench will hear the matter on August 10. The state of UP told the court that Jamiat has been filing "covert and shadow" petitions in the court to "protect the illegal builders". It sought dismissal of Jamiat's plea.
