The Supreme Court on Wednesday refused to pass an interim order on a petition seeking to stay the bulldozer action in Uttar Pradesh. The apex court also issued notice to the Gujarat and Madhya Pradesh governments, who were made parties in the petition by Jamiat Ulema-e-Hind. The petitioners have in the petition alleged that the Uttar Pradesh government was taking “selective action” against those accused of rioting.
Hearing the petition, the bench of Justices BR Gavai and PS Narasimha wondered, “Rule of law has to be followed, no dispute. But can we pass an omnibus order? If under the municipal law the construction is unauthorized, can an omnibus order be passed to restrain authorities?”
Senior Advocate Dushyant Dave, appearing for the petitioner Jamiat Ulema-e-Hind, argued that there was a pick and choose policy at work against the other community.
Appearing for the UP government, SG Tushar Mehta submitted that there was no other community and there was only the Indian community.
Dave called the matter extremely serious. Citing news reports on demolition, he said, “We don’t want this culture and authorities have to act in accordance with law.”
Raising preliminary objections to the locus of the petitioners, Mehta apprised Court that replies have already been filed by authorities that procedure was followed and notices were issued and process started much before riots.
The Yogi government on Wednesday filed its affidavit in the apex court and said that action was taken as per the law.
The government took legal action against those who have committed illegal encroachments.
Jamiat Ulama-i-Hind have filed two petitions against demolition exercises which, it has alleged, specifically targeted members of the minority community.
Earlier, the apex court had on June 15 asked the UP government to follow the due process of law while removing illegal constructions. The court has fixed August 10 for the next date of hearing.