Three individuals linked to the Bahraich violence have sought urgent Supreme Court intervention against the demolition of their homes. They allege the demolition is punitive, citing short notice and misuse of municipal laws. The incident followed communal clashes during a Durga idol procession, leading to widespread violence and arrests.
New Delhi: In a significant legal move, three individuals linked to the Bahraich violence incident that took place on October 13, 2024, have approached the Supreme Court of India seeking urgent intervention against the proposed demolition of their houses. The demolition, set for October 20, 2024, has raised concerns about the misuse of municipal laws in the name of punishment.
The intervention application was filed as part of the ongoing “bulldozer matter,” where the Supreme Court previously expressed its concern that a person’s house cannot be demolished merely because they are an accused. The Uttar Pradesh (UP) government affirmed this stance, stating that demolitions should not occur simply due to a criminal accusation. However, the Court has hinted at issuing pan-India guidelines to prevent misuse of municipal laws while ensuring that unauthorized constructions are not protected.
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The latest petition involves three persons either named in First Information Reports (FIRs) related to the Bahraich incident or as relatives of the accused. According to the petitioners, on October 18, 2024, officials from the Public Works Department (PWD) in Bahraich issued backdated notices regarding proposed demolitions, giving them just three days to respond.
The petitioners, hawkers and farmers by occupation, argue that their properties have been standing for 10 to 70 years and that the demolition action is punitive. They contend that the government’s justification of “unauthorized construction” is a ruse to bypass the Court’s stay order on demolitions.
“The trigger for the proposed demolitions notices is the close proximity of the communal flare-up and violence incident,” the petition states. It emphasizes the short notice of just 3 days given to respond, which deprives the applicants of reasonable opportunity to seek legal remedies.
The application also references a statement made by a local Member of Legislative Assembly (MLA) that suggests the demolition of the house of the main accused, Abdul Hameed, was imminent, further fueling concerns of punitive action. A total of 23 demolition notices have been issued in the locality, prompting allegations of “pick and choose” tactics by the UP government.
The petitioners argue that many residents and shopkeepers have vacated the area out of fear of demolition. They accuse the government of creating a “smokescreen of ‘encroachment/illegal construction,’” but in reality, using municipal laws for punitive purposes. They further claim that the notices lack clarity regarding the legal authority under which they were issued.
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The Bahraich violence incident, which occurred during a Durga idol immersion procession, led to clashes between two communities. One Ram Gopal Mishra reportedly tore down a green flag, triggering violence that resulted in Mishra’s death. Following this, shops, vehicles, and properties belonging to a particular community were torched. The violence persisted for two days, leading to the registration of 11 FIRs, with nearly 1000 persons booked and 87 arrests made.
As the situation unfolds, the petitioners urge the Supreme Court to quash the demolition notices and stay the proposed actions, alleging that the demolitions are a form of “contempt of court” since no permission was sought before proceeding. The Court is expected to take these concerns into consideration as it continues to deliberate on the broader issue of demolitions and the abuse of municipal powers across India.
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