Paridhi Arya
Published on June 13, 2022 at 18: 38 IST
On June 12 that is Sunday the bulldozer was brought by the UP government to demolish the house of Mohammad Javed in Prayagraj who is accused of being involved in the violence that took place in Prayagraj.
High Court of Allahabad, Madhya Pradesh and Supreme Court is already dealing with the petitions questioning the validity of such acts of state government being valid or not.
The action was challenged as against fundamental rights and against the due process of law. The governments serve notice of demolition but didn’t give time to appeal.
The government on the other hand justify itself by stating that action is taken against the violation of municipal and urban planning laws.
“This is totally illegal. Even if you assume for a moment that the construction was illegal, which by the way is how crores of Indians live, it is impermissible that you demolish a house on a Sunday when the residents are in custody. It is not a technical issue but a question of rule of law,” said by former Chief Justice of Allahabad High Court Govind Mathur
The Mathur’s view is important because when he was in office he took suo motto cognizance in the name and shame policy of UP government against those who protested in against of Citizenship Amendment Act and destroyed public property.
The Court held name and shame policy as infringement of Right to privacy of accused.
In case of Jahangirpuri Demolition Supreme Court will see whether due process is followed by government or not the matter is listed for month of August.
The PIL was also filed in Madhya Pradesh High Court against government action of bulldozing the house of accused. But Court dismissed it stating it is inappropriate to deal it as PIL.
Asif Khan in person approached to the Madhya Pradesh High Court as his house was razed because he alleged to kidnap a Hindu girl who is major. The Court granted protection to the couple.
The UP government in 2020 published the notice that properties of protestors of CAA will be auctioned which was put on stay by Allahabad High Court. Supreme Court also remarked it against due process of law.
The UP government told that they will withdraw the notices and issue it under 2020 law which was also under challenge.