Nuh demolitions: Not a case of ethnic cleansing, state tells Punjab and Haryana High Court

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Chandigarh, August 11

Less than a week after the Punjab and Haryana High Court asserted that one of the issues arising out of the Nuh demolitions was whether the State was conducting “ethnic cleansing”, the State of Haryana today said due procedure had been followed while carrying out the drive.

Place case before CJ

It is a public interest litigation matter. Let this petition, along with miscellaneous applications, be placed before the first Division Bench on August 18. Division Bench of Justice Arun Palli and Justice Jagmohan Bansal

Appearing before the Division Bench of Justice Arun Palli and Justice Jagmohan Bansal this morning, Additional Advocate-General Deepak Sabharwal submitted on the State’s behalf that the question of “ethnic cleansing” in the demolition exercise carried out in Nuh and Gurugram did not arise. He also sought additional time to file a written statement in the matter.

The Bench at the onset, however, made it clear that the matter was required to be placed before the first Division Bench headed by the Chief Justice. “In the wake of a detailed note recorded by the office, let this petition along with miscellaneous applications, be placed before the first Division Bench on August 18,” the Bench asserted.

Adjourning the hearing, the Bench made it clear that the matter was of the nature of public interest litigation. It should have been listed for hearing before the first Division Bench in accordance with the high court rules.

The Bench also referred to Chapter 2 Rule 9 in Volume 5 of the Punjab and Haryana High Court Rules stipulating that all suo motu public interest litigations initiated by the high court were required to be put up before the Chief Justice for listing before an appropriate Bench as per roster within three days.

Taking suo motu cognisance of the demolitions in Nuh and Gurugram, the high court on August 7 had directed the State to furnish an affidavit on the number of buildings pulled down during the previous two weeks and whether notice was issued before the action. The Bench had also ruled that the demolitions could not be carried out without following the procedure prescribed in law.

“We are constrained to issue notice to the State as it has come to our notice that the State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh…. the issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State,” the Bench had asserted.