SC refuses to pass interim order staying demolitions across states 

NEW DELHI: The Supreme Court on Wednesday refused to pass an interim direction staying demolitions across states, and said it cannot pass an omnibus order preventing authorities from taking action.

A bench of Justices B R Gavai and P S Narasimha said, “Nobody can dispute that the rule of law has to be followed. But can we pass an omnibus order? If we pass such an omnibus order, will we not prevent the authorities from taking action in accordance with the law.”

The top court was hearing a petition filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government and other states to ensure that no further demolition of properties of alleged accused in recent cases of violence is carried out.

Senior advocate Dushyant Dave, appearing for Jamiat Ulama-i-Hind, said, “They have to act in accordance with the law. They cannot take advantage of municipal laws and demolish the houses of someone who is merely accused of crimes.” 

“This country cannot permit this” Dave said while seeking a stay on the demolitions. Senior advocate C U Singh, appearing for one of the petitioners, said a similar modus operandi was followed in the city after city. Solicitor General Tushar Mehta registered his objections over the locus of the petitioners.

“The demolition process started much before the riots. Merely because you take part in riots doesn’t give you immunity from illegal constructions being demolished,” he said. Senior advocate Harish Salve, appearing for the UP government, said the apex court cannot pass an order that a house of an accused should not be demolished notwithstanding any municipal law.