The Supreme Court has issued a contempt notice to the Assam government for a petition filed by 47 residents alleging that the apex court’s order prohibiting demolitions without prior approval is being flouted. A bench of Justices B R Gavai and K V Viswanathan ordered the state to respond in three weeks while maintaining the status quo until further hearing.
The court, while hearing the case in the previous session at the beginning of this month, had made it clear that no demolition should take place in the country without its permission. It put a stay until October 1 on what it had then described as “bulldozer justice,” saying even one illegal demolition runs afoul of the Constitutional mandate.
A Supreme Court bench was hearing a batch of petitions claiming that properties of accused persons in crimes were being demolished in various states. During the last hearing, Solicitor General Tushar Mehta informed the court that a narrative was being built around the issue of property demolitions. The bench then reassured him that external influences would not impact their judgment.
Mehta said the petitioners had argued that demolitions were being used disproportionately against one religious community. He referred to a case in Madhya Pradesh where 70 shops were demolished, stating that more than half belonged to Hindus: “What are they saying about ‘mohalla’ etc. is narrative building!” he said, and added that the court would not go into community-specific questions at this stage, as clarified by Justice Viswanathan.
