Bahraich demolition notices: HC tells UP government not to take any illegal action

LUCKNOW The Lucknow bench of the Allahabad high court on Wednesday, while hearing a plea challenging the proposed action to demolish properties belonging to the accused in the October 13 Bahraich violence case, verbally requested the UP government not to take any illegal action. The court also added that before any demolition is carried out, a proper survey and demarcation must be carried out as per relevant laws.

Listing the case for November 11, the court sought responses from the state government on various points in the matter and gave time to the petitioner to file objections on the same. Meanwhile, people at Maharajganj market in Bahraich were spared from destruction until November 11.

This observation and order by a division bench comprising Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi came while hearing a public interest litigation (PIL) petition filed by the Civil Rights Protection Society.

The petitioner sought an order restraining the state authorities from proceeding with the demolition of properties belonging to persons from a particular community in Bahraich.

The court sought a response from the state government on whether it had conducted an inquiry to ascertain whether the persons notified were the actual owners of the property or whether some of them were merely tenants. He also asked the state’s attorney whether the notices were issued by the authority. The State was directed to submit its response on these matters by November 11.

Additional solicitor general Vinod Shahi appeared on behalf of the state along with lead advocate Shailendra Kumar Singh and assured the court that the action would be taken in accordance with the law.

On October 23, the court gave the prosecutor two more days to submit a detailed statement (answer) containing the relevant details sought to be disclosed by the order dated October 20, 2024. by the state government in this regard. The court gave the plaintiff’s lawyer time to make a statement in response to his short affidavit.

Last month, authorities in UP had pasted notices on the houses of a man accused in the Bahraich violence case and 22 others asking for removal of illegal constructions within three days. Among those whose homes were pasted up was Abdul Hameed, one of five Muslim men accused of inciting violence that led to the killing of 22-year-old Ram Gopal Mishra in Bahrain earlier this year.

A day after Mishra was shot dead and four others injured during the Durga Puja idol immersion, violence and arson had rocked UP’s Bahraich amid allegations that clashes during the procession in Muslim-majority areas were sparked by provocative songs and stone pelting from houses. A proposal was made to lower the green flag in the area.