The state government has been directed to furnish an affidavit as to how many buildings were demolished during the last two weeks, both in Nuh and Gurugram and whether any notice was issued before the demolition
Team Clarion
NEW DELHI — In a development of far-reaching consequences, the Punjab and Haryana High Court on Monday came down heavily on the state government over its demolition drive posing a question of “ethnic cleansing” and targeting of one particular community.
“Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law. The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State,” reads the order.
A bench of G.S. Sandhawalia and Harpreet Kaur Jeewan took suo moto cognisance of the demolition carried out in the Nuh district in the last four days and directed the authorities to halt it immediately.
The authorities bulldozed around 750 houses, shops, shanties and other structures in the last few days calling them “illegal” and accusing these buildings were used to pelt stones on Vishwa Hindu Parishad (VHP) procession.
Large-scale rioting and arson broke out in the district as VHP processionists openly carried light arms, swords and clubs and raised provocative anti-Muslim slogans
The court has taken note of the incidents from Indian Express and Times of India reports.
“The said news item would go on to show that buildings next to the hospital in the form of commercial buildings, residential buildings, and restaurants which were in existence for a long time have been brought down by bulldozers. The news item also says that the Home Minister himself has said that bulldozers are part of ilaj (treatment) since the government is probing communal violence…Lord Acton has stated “Power tends to corrupt and absolute power corrupts absolutely”, the bench observed.
The bench said no demolition can be carried out without following the procedure prescribed in law and asked the state whether any notice was issued.
“We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law. Accordingly, we issue directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in the last two weeks, both in Nuh and Gurugram and whether any notice was issued before demolition. If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law,” noted the bench.
The court directed the Haryana government to file an affidavit on 11 August detailing the number of buildings that have been demolished within the past two weeks, in both Nuh and Gurugram.
Legal experts and political leaders have lauded the court for passing a very strong observation against the bulldozer’s actions.
“The Punjab & Haryana High Court has gone on the front foot as a sentinel on the qui vive. In the #Amargency, it is good to know that some institutions still interpose themselves between citizens and despotism. #Bulldozers cannot demolish the #RuleOfLaw,” tweeted Supreme Court lawyer Sanjay Hegde.
All India Majlis Ittehadul Muslimeen (AIMIM) chief and Lok Sabha MP Asaduddin Owaisi demanded the resignation of Chief Minister Manohar Lal Khattar.
“Any respectable Chief Minister would resign at these severe observations of the High Court. But it’s likely that they will use it as a badge of honour. I hope that justice is done with the victims, and they get reparations for their suffering,” tweeted Owaisi.
