New Delhi:

Hearing a challenge to demolition notices served in Uttar Pradesh’s Bahraich after a communal clash, the Supreme Court today indirectly warned the Yogi Adityanath government against any bulldozer action. The court said it is the state government’s “choice” if it wants to risk violating the top court’s directions. The court, however, noted that its orders in the ‘bulldozer justice’ case specify that it will not intervene if the structures facing demolition are illegal.

The bench of Justice BR Gavai and Justice KV Viswanathan has asked the Uttar Pradesh government not to take any action before the next hearing tomorrow.

Appearing for the petitioners, Senior Advocate CU Singh told the bench that local authorities issued demolition notices after the October 13 violence — which claimed one life — and asked them to respond within three days.

“Applicant No.1’s father and brothers surrendered… notices purportedly issued on 17 Oct, but pasted on 18th evening… we sought hearing on Sunday, but that did not happen. Some have approached HC,” Mr Singh said.

Earlier, the Allahabad High Court extended to 15 days the deadline to file replies to the demolition notices and directed the state authorities to decide after considering the responses. Additional Solicitor General KM Nataraj, appearing for the Uttar Pradesh government, assured the court that no action would be taken till tomorrow.

“If they (UP authorities) want to take the risk of flouting our order, it’s their choice,” Justice Gavai said today. Justice Viswanathan added that the high court had given 15 days to file replies to the demolition notices. Mr Singh, however, said the petitioners have not been granted any protection. 

The Supreme Court is currently hearing a bunch of petitions against ‘bulldozer justice’ – a term used to refer to the practice of razing the property of individuals accused in criminal cases. The trend has caught on in several states, Uttar Pradesh among them. The court has clarified that being accused of a crime cannot be the basis for the demolition of property and only violation of civic rules may attract such action. The court has also paused demolitions carried out without its permission.

What Happened In Bahraich

On October 13, an altercation broke out in Bahraich’s Maharajganj when a group of people objected to loud music near a mosque during a procession for Durga Puja idol immersion. This snowballed into arson and vandalism in the area, forcing the local administration to snap Internet connectivity. Ram Gopal Mishra, 22, was shot dead during the clash. A video that circulated after the clash showed Mishra removing a green flag from a rooftop and replacing it with a saffron flag.

Police have arrested five persons suspected to be involved in Mishra’s death — Mohammad Faheen, Mohammad Sarfaraz, Abdul Hameed, Mohammad Taleem alias Sabloo, and Mohammad Afzal. Mohammad Talim and Mohammad Sarfaraz were arrested after they suffered gunshots in an encounter with Uttar Pradesh police. Police said the accused were trying to cross into Nepal when they were caught.

A total of 104 people have been arrested in connection with the violence and 23 establishments have been served demolition notices. Among those who were served notices is Hameed, one of the accused in the killing. Authorities, however, claim the notices were issued as part of a routine anti-encroachment drive. The notices have sparked panic among local residents as shopkeepers were seen vacating their premises. 

Lucknow:

In a major relief to those who have been served notices for demolition of illegal structures raised on the Kundasar-Mahasi-Nanpara-Maharajganj road in Bahraich, the Allahabad High Court on Sunday extended the time to file their replies by 15 days.

The Lucknow bench of the court said the persons concerned may file their responses to the notices within 15 days and directed the state authorities to consider the said replies and a pass reasoned order on those.

The bench has fixed October 23 as the next date of hearing in the matter.

A bench of Justices A R Masoodi and Subhash Vidyarthi passed the order on a public interest litigation (PIL) plea filed by the Association for Protection of Civil Rights.

On the petitioner’s plea, the special bench was constituted on Sunday evening and it passed the interim order, halting the state authorities who were preparing to demolish the illegal structures as soon as possible.

The plea has contended that the Uttar Pradesh government issued the demolition notices illegally and its action to initiate the demolition drive violates the Supreme Court’s recent directives, banning bulldozer action except in certain cases.

On behalf of the state government, Chief Standing Counsel (CSC) Shailendra Kumar Singh argued that the PIL was not maintainable.

After hearing the matter, the bench said, “Leaving all the aspects of the matter open, what pricks the conscious of this court is the issuance of notices to submit the reply within a short span of three days. As to what number of houses situated on kilometre-38 of the Kundasar-Mahasi-Nanpara-Maharajganj district road have been duly authorised for construction is also not much evident from the notices, which may require clarity.” “Without observing anything on the merits at this stage, as already observed, we grant three days’ time to the CSC to obtain complete instructions,” it added.

“The position as to the category of the road and norms applicable may be clarified on the next date,” the court said.

It said it is expected that those who have been served the notices will participate in the proceedings in the meantime.

“We further provide that in case they file their replies to the notices within a period of 15 days from today, the competent authority shall consider and decide the same by passing a speaking and reasoned order, which shall be communicated to the parties aggrieved,” the court added.

Ram Gopal Mishra (22) of Rehua Mansoor village died of a gunshot wound he suffered on October 13 during a communal face-off in a village in Bahraich district over music being played during a procession.

Notices were served to 23 establishments, including 20 belonging to Muslims, in the area by the public works department (PWD).

The PWD carried out inspections in the Maharajganj area on Friday and took measurements of 20-25 houses, including that of Abdul Hamid, one of the men accused in Mishra’s killing.

The notices were served under the Road Control Act, 1964.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

Bahraich, Uttar Pradesh:

The Public Works Department (PWD) on Friday issued a demolition notice for Bahraich violence accused Abdul Hameed’s residence over illegal construction in Bahraich, Uttar Pradesh.

Hameed, along with four others is in judicial custody and the accused, Mohammad Talim and Mohammad Sarfaraz were injured in an encounter with the police on Thursday.

This comes after Ramgopal Mishra was killed after clashes between two communities erupted during the Durga idol immersion procession

Earlier, the accused in the Bahraich incident, Sarfaraz and Mohammad Talib, were shot in the leg by the Uttar Pradesh Police while allegedly attempting to flee to Nepal.

Of the five arrested in connection with the Bahraich violence, two were injured during an encounter, while the remaining three were taken into custody, according to Uttar Pradesh Director General of Police (DGP) Prashant Kumar, who also stated that the situation is now under control.

The recent encounter in Bahraich, Uttar Pradesh, has sparked a heated debate between the Bharatiya Janata Party (BJP) and the opposition.

Ramgopal Mishra was killed, and several others were injured after clashes between two communities erupted during the Durga idol immersion procession in the Mahasi area of Bahraich district, Uttar Pradesh, on Sunday.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Mohammad Sarfaraz — wanted for the murder of a man in Bahraich, Uttar Pradesh that triggered largescale violence — and four others were arrested after an encounter with the police today near the Nepal border in the district. Sarfaraz is accused of shooting a man during Saturday’s Durga idol immersion procession in Mahrajganj area of Mansoor village. The police had gone there to recover the weapon that was used. 

The shooting took place on Saturday during violence that started as an altercation over the playing of music on loudspeakers during the immersion procession. 

But the next day, it led to largescale violence, arson, and clashes with the police as the family of Ram Gopal Mishra refused to cremate the body and held a sit-down protest. They relented only after assurances of action from the police and administration officials. 

The police later conducted flag marches and snapped cellphone internet to bring the situation under control. Later, additional troops, including some paramilitary forces units, had to be called in to ensure surveillance.  

Later, acting on information provided by one of the 50 men arrested in connection with the violence, the police had caught up with Sarfaraz and others near the Nepal border. But the men, intent on crossing the border, had opened fire at the police with the murder weapon. 

In the exchange of fire that followed, Sarfaraz and another accused in the case, Mohammed Talib, got injured. They are currently undergoing treatment at a hospital. The police said the murder weapon has been recovered. 

Amitabh Yash, the chief of the Special Task force, Uttar Pradesh, said the men will now be able to shed light on what happened during the violence. “They will be able to give information on whatever network they used and how they evaded the police over the last few days,” he added.  

The matter is now threatening to develop into a full-scale political controversy, with the Congress, Samajwadi Party and the AIMIM (All India Majlis-e-Ittehadul Muslimeen) accusing the Yogi Adityanath government of covering up its law and order problems with an encounter. 

“This incident was an administrative failure. The government is resorting to encounters to cover up its shortcomings. If encounters were truly improving law and order in the state, Uttar Pradesh would be far ahead of other states,” said Samajwadi Party’s Akhilesh Yadav.

“The government has been conducting fake encounters for a long time. They are merely trying to cover up their failures,” UP Congress President Ajay Rai was quoted as saying by news agency ANI.

The STF, though, has said it would prove in court whether the encounter was genuine or not.