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Hearing in the Supreme Court on Thursday on a petition seeking a ban on bulldozer action against ‘militants’ in UP

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New Delhi : The petition of Jamiat Ulema-e-Hind, seeking a stay on the action of bulldozers in Uttar Pradesh, will be heard in the Supreme Court on Thursday. The petition has sought directions to the UP government to ensure that no more bulldozers ply on the properties of those accused of the recent violence in the state. In April, Jamiat had moved the Supreme Court against the removal of encroachment action in Delhi’s Jahangirpuri area. The special thing is that a day earlier on Tuesday, some retired judges and lawyers of the Supreme Court and High Court had written a letter to the CJI and appealed to take cognizance of the bulldozer action in UP and hear it.

Muslim organization Jamiat Ulema-e-Hind has said in the application filed in the Supreme Court that no property can be demolished without any notice. There is a fixed procedure for demolition and the property can be demolished only under the prescribed legal provision and procedure. His petition will be heard by a bench of Supreme Court Justice AS Bopanna and Justice Vikram Nath on Thursday.

Along with this, the Supreme Court will also hear the petition filed against the sabotage in Jahangirpuri area of ​​Delhi. Jamiat had filed a petition in the Supreme Court after action on the property of Javed Ahmed, the alleged mastermind of stone pelting in Prayagraj last Friday. It has been urged that the top court should ask the UP government to ensure that the demolition action is taken under the prescribed legal process and not otherwise.

The Supreme Court will also hear the petition filed against the bulldozer action in Jahangirpuri on Thursday. It has been said in these petitions that since the last hearing in the matter, there have been some new developments which need to be brought to the attention of this court.

“Some objectionable and derogatory remarks were made by the two leaders a few days back, leading to communal tension in many parts of the country,” a petition said. A bandh was called by some people in Kanpur to protest the remarks of both the leaders.

According to the petition, “There was clashes and stone pelting between Hindu and Muslim communities on the day of the bandh. After the violence in Kanpur, several officials have told the media that the properties of the suspects/accused will be confiscated and demolished. Even the Chief Minister of the state has said in the media that the houses of the accused will be demolished through bulldozers.

The petition has alleged that the adoption of such illegal measures is clearly violative of the principles of natural justice, especially when the apex court is hearing the present matter.

It is to be noted in the present case that this Hon’ble Court had ordered a stay on the demolition being carried out in North-West Delhi under similar circumstances as a punitive measure. Therefore, considering that the above matter is presently pending before this Hon’ble Court, it is even more dangerous to pursue such measures.’

According to the petition, “any demolition drive should be carried out in accordance with the laws clearly laid down and only after giving due notice and opportunity of being heard to every affected person as mandated by this Court”.

Referring to the violence that took place on June 3 in Kanpur, the petition said, “Issuing directions to the Government of Uttar Pradesh to take action against residential or commercial property of any accused in any criminal case in Kanpur district outside the purview of the prescribed law.” No punitive action should be taken.

The organization has also sought directions to the Uttar Pradesh government to ensure that any demolition drive is carried out in accordance with clearly laid down laws and only after giving proper notice and opportunity of being heard to every affected person.

The apex court had earlier issued notice to the central government and others on the issue of demolition of buildings in the violence-hit Jahangirpuri area of ​​the national capital on a petition filed by Jamiat Ulema-e-Hind. The petition claimed that the construction of Muslims accused of communal violence was being demolished.

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