The Punjab And Haryana High Court in the case Court on its own Motion v. State of Haryana observed and has adjourned the hearing in the suo motu case against the Nuh and Gurugram demolitions in order to enable the Haryana government to file its reply in the matter.
The bench comprising of Chief Justice RS Jha and Justice Arun Palli in the case observed and has acceded to AAG Deepak Sabharwal’s request seeking time to file a reply.
The bench in the case observed and has also refused to entertain any intervention application in the matter.
The bench comprising of Justice Arun Palli and Justice Jagmohan Bansal observed and has adjourned the hearing while citing Chapter 2 Rule 9 in Volume 5 of the Punjab and Haryana High Court Rules which stipulates that suo moto PILs have to be put before the Chief Justice for listing before an appropriate Bench as per roster, within the period of three days.
In the present case, the suo motu case was initiated on August 07, 2023 by the bench comprising of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeevan and the demolition drive was stayed. Thus, the said court also questioned the State on whether it was trying to conduct ‘ethnic cleansing’ in order to grab of law and order and had asked if only the buildings which belongs to the ‘particular community’ were being targeted. Later, the bench was changed a day ahead of the hearing on August 11, 2023. The counsel, AAG Sabharwal, assisting AG B R Mahajan, orally refuted the allegations of illegal demolition wherein it claimed that all the actions were taken in due compliance with procedure and law.
The authorities in the case have reportedly demolished several ‘illegal’ shanties, temporary shops and certain concrete structures, which allegedly belongs to persons who are involved in communal violence which broke out earlier this month.
The bench in the case observed and took the suo motu action had earlier noted that the news items carried in the ‘Times of India’ and ‘The Indian Express’ would go on to show that demolitions are stated to be on account of the fact that the individuals who are involved in the anti-social activities had made illegal constructions.
It has been reported by the newspaper that the Home Minister himself as saying that that bulldozers are part of illaj, the treatment since the Government is probing communal violence. Referring to the Home Minister’s statement.
Further, the bench headed by Justice Sandhawalia remarked that the power tends to corrupt and absolute power corrupts absolutely