7 months ago
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The Supreme Court connected Thursday (December 4, 2025) declined to enactment the demolition of the houses of 2 Bareilly residents who alleged that State authorities had embarked connected a “targeted” demolition thrust successful the aftermath of the convulsive clashes that erupted connected September 26 aft Islamic cleric and Ittehad-e-Millat Council main Tauqeer Raza Khan called for a sit-in protestation implicit alleged derogatory remarks against the Prophet successful narration to the “I Love Muhammad” posters.
A Bench of Justices Vikram Nath and Sandeep Mehta was proceeding a writ petition filed nether Article 32 by the 2 residents, who contended that their homes and an adjoining banquet hallway were being razed without immoderate announcement and successful implicit disregard of owed process.
Appearing for the petitioners, elder advocator Rauf Rahim submitted that the behaviour of the authorities was successful the teeth of the apex court’s November 13, 2024 ruling, which laid down pan-India guidelines mandating a anterior show-cause announcement and a minimum 15-day effect play earlier immoderate demolition.
“This is contempt successful the look of the court’s order. One of the petitioners is simply a 70-year-old antheral who precocious underwent cardiac surgery… the authorities person already demolished a portion of his house,” helium said.
The judges, however, questioned wherefore the petitioners had not approached the Allahabad High Court successful the archetypal instance. “The tribunal has already fixed a elaborate judgment. Approach the High Court and instrumentality the payment of that judgment. Why should you travel nether Article 32 each time?” the Bench said.
Mr. Rahim submitted that securing an urgent listing earlier the High Court would instrumentality astatine slightest 10 days, during which the demolition could origin irreversible harm. “The powers of this tribunal are enormous… delight support maine successful the meantime,” helium urged the Bench, pointing retired that the November 13 ruling had acknowledged the superior implications of demolitions undertaken without adherence to statutory safeguards.
The judgment, authored by past Chief Justice of India B.R. Gavai, had issued a bid of directions fastening accountability connected nationalist officials for demolition drives undertaken without owed process. It had further held that the load laic connected the authorities to disprove the presumption that a demolition was carried retired to penalise an accused proprietor oregon occupant.
‘Article 226 volition beryllium made redundant’
However, Justice Nath reiterated the court’s reluctance to enactment the demolition, observing that doing truthful would efficaciously sidestep the jurisdiction of the High Courts nether Article 226. “You attack the High Court and get an due order… If we entertain specified matters, past Article 226 volition beryllium made redundant,” helium said.
When Mr. Rahim insisted that the authorities were “standing with bulldozers” and that further demolition was imminent, the Bench agreed to assistance constricted interim protection. “This is besides exceptional, since portion of your residence has already been demolished,” Justice Nath remarked.
Accordingly, the tribunal directed that the status quo beryllium maintained for 1 week. “We assistance interim extortion for a play of 1 week from today, i.e., up to 10.12.2025; the presumption quo shall beryllium maintained by the parties,” the Bench recorded successful its order.
The petitioners were besides granted liberty to attack the High Court and to question urgent listing of their plea. “The petitioner is besides granted liberty to marque a notation earlier the acrophobic Bench for urgent listing of the matter, considering the information that the demolition workout has already begun and, according to the contents of the petition, partial demolition has already been effected,” the tribunal said.
‘Law weaponsied’
The petitioners alleged that State authorities had utilized the instrumentality “as a weapon” to people the homes of members of number communities. Such demolitions, it contended, violated the law close to spot nether Article 300-A, entitling them to compensation for the losses suffered.
“The contiguous lawsuit is simply a glaring illustration of however the cardinal rights of guiltless citizens tin beryllium illegally invaded and violated, contrary to the law mandate contained successful Articles 14, 19 and 21,” the plea said.
The petitioners added that demolition drives undertaken without adherence to the principles of earthy justness reflected a “disgraceful and tyrannical approach” and undermined the foundations of an equitable society.
Bareilly has remained connected the borderline since the unit connected September 26, which followed a sit-in protestation successful effect to alleged instances of derogatory remarks against the Prophet successful antithetic parts of the country, including Shahjahanpur. The protestation was besides successful effect to the controversy implicit “I Love Muhammad” posters during an Eid-e-Milad-un-Nabi procession successful Kanpur, erstwhile the poster resulted successful the Kanpur constabulary registering cases against 24 people, amid objections from right-wing Hindu groups.
The constabulary alleged that anti-social elements pelted stones and fired shots, starring to a “minimum usage of force” by the administration. Over 80 radical person been arrested successful violence-related cases.
