Supreme Court rules out blanket stay on demolitions across country

New Delhi, July 13

The Supreme Court on Wednesday refused to stay demolition of properties of accused involved in violent protests in various states across India as it wondered if such an omnibus order could be passed at all.

“What omnibus directions can we issue?” a Bench of Justice BR Gavai and Justice PS Narasimha wondered. Asking the parties to complete filing of documents and affidavits in the matter, the Bench posted Jamiat Ulama-i-Hind’s petition against demolitions for hearing on August 10.

SC to hear pleas on hijab next week

• The SC has agreed to hear next week a batch of pleas challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions

Rule of law has to be followed

If we pass such an omnibus order, won’t we not prevent authorities from taking action as per law? —SC Bench

The UP Government told the top court that the petitioner was protecting illegal builders by filing covert and shadow petitions. In an affidavit, it said the Muslim body, which has sought directions to UP and other states not to demolish properties of accused in recent cases of violence, was taking to “proxy litigation”. On behalf of the UP Government, senior advocate Harish Salve said the court could not pass an order that the house of an accused should not be demolished notwithstanding any municipal law. From the Muslim body’s side, senior advocate Dushyant Dave said the matter was “extraordinarily” serious and referred to a news report where someone was accused of murder and his house was demolished.

“We don’t want this culture. Lordships will have to decide for once and all…. They (authorities) cannot take advantage of municipal laws and demolish house of someone who is merely accused of crimes. This country cannot permit this,” Dave said, alleging “pick and choose” by the authorities.