On Wednesday, the Supreme Court will consider a petition that questions the state government’s planned response to those accused in the Bahraich violence. Simultaneously, the government of Uttar Pradesh has guaranteed the Supreme Court that the accused’s assets will not be demolished before Wednesday.
The Supreme Court bench, including Justice BR Gavai and Justice KV Vishwanathan, instructed Additional Solicitor General KM Nataraj, representing the UP government, not to take any action in Bahraich until Wednesday. Nataraj concurred and stated, we will refrain from taking any action.
Senior advocate CU Singh and other lawyers informed the bench that the state government plans to take legal action against individuals suspected of participating in the riots due to the illegal nature of their construction. The bench mentioned that you are aware of the orders issued by this court. It is up to the state government if they want to take the chance of disobeying these orders.
The attorney representing the state informed the Supreme Court that the petition has been submitted to the Allahabad High Court and a 15-day notice has been issued. The applicant’s lawyer responded by stating that the High Court did not provide protection in the matter.
The Uttar Pradesh Public Works Department (PWD) had placed notifications on the residences of 23 individuals reportedly linked to the turmoil, labeling them as encroachments to facilitate road expansion. They were also instructed to reply within a timeframe of three days. Following this, the High Court prolonged this period to 15 days.
In its October 1 ruling, the highest court extended its prior September 17 ruling prohibiting states from using bulldozers to demolish the properties of criminal suspects without approval. The court then excluded actions pertaining to encroachment on public roads, footpaths, railway lines or water bodies.
Furthermore, guidelines regarding bulldozer action are still pending a decision. On September 2, the court announced plans to create nationwide guidelines regarding the use of bulldozer justice, which involves quickly demolishing a person’s home or business after they are accused of a crime.