The Uttarakhand High Court criticised the police and civic authorities for their incompetence during the Nainital communal violence and demolition drive. The case arose from a petition challenging the demolition notice issued to the accused’s wife.
The Uttarakhand High Court strongly criticized the state police regarding the communal violence that occurred in Nainital after the arrest of a Muslim man on Thursday for allegedly raping a minor.
The Bench, consisting of Chief Justice G Narendar and Justice Ravindra Maithani, also expressed serious disapproval of the local municipal body’s decision to issue a demolition notice for the accused’s house.
The Court was hearing a petition filed by the accused’s wife against a three-day demolition notice issued by the municipal body.
The petition argued that the family had lived in the house for over 20 years and had never received any prior notice of encroachment.
The Court stated that the local body’s action disobeyed the Supreme Court’s directives aimed at preventing illegal demolitions of properties belonging to accused individuals.
The Court observed,
“We are issuing contempt and we are taking it up seriously. You cannot violate the Supreme Court order. It was not passed eons ago… The Supreme Court has been very clear, if you want to demolish a house, what is the procedure…”
Addressing the violence in Nainital, the Court questioned the police’s failure to maintain law and order.
The Court asked,
“Your incompetence leads to all these problems and you want to cover it up. Shops belonging to everybody… some Bimla Devi, why was her shop ransacked,”
The Court was also informed that a scuffle occurred with the accused’s lawyer when he was presented before the trial court.
The Court responded with,
“How can lawyers prevent anybody from representing anyone…”
The Court then remarked that the State had deliberately failed.
It asked,
“It could not have happened had the police been vigilant… what action have you taken against arsonists,”
Following the Court’s critical observations, the municipality’s counsel stated that the demolition notice would be withdrawn.
Also Read: Uttarakhand Madrasa Centre of Violence Demolished Without Court Order
The matter is scheduled for a further hearing on May 6.
The case originated from a complaint filed on Wednesday alleging that the accused raped a 12-year-old girl last month. According to media reports, this case triggered communal violence involving vandalism by miscreants.
Advocate Dr. Kartikeya Hari Gupta represented the petitioner.
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