New Delhi: The Jamiat Ulama-I-Hind has moved an application in the Supreme Court seeking to issue directions to the State of Uttar Pradesh that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure. The development came a day after the UP government conducted a demolition drive at the “illegal properties” of two “masterminds” of the violent protest that erupted on June 10, as outrage at the controversial remarks of suspended BJP leader Nupur Sharma on Prophet Muhammad.
The Jamiat Ulama-I-Hind asks SC to issue directions against ‘extra-legal punitive measure’
The Jamiat Ulama-I-Hind sought SC to issue directions to the State that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.
It also urged the top court to issue directions to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing are given to each of the persons affected by the demolition drive.
‘Adoption of such extra-legal measures is clearly in violation of the principles of natural justice’
The present application was filed in the pending petition against demolition drive being carried out by state agencies. “That after the violence in Kanpur (violence that erupted in a marketplace in Kanpur, after the Friday prayers on June 3, a number of persons in authority have stated in the media that the properties of suspects/ accused would be confiscated and demolished. Even the Chief Minister of the state has said in the media that the houses of accused persons would be razed using bulldozers, ” the application said.
“That adoption of such extra-legal measures is clearly in violation of the principles of natural justice… considering that the captioned matter is currently pending before this Court, restoring to such measures is even more alarming,” the application said, which sought immediate action should be taken by the Court in order to prevent violation of the rule of law and the rights of the accused persons.
They further urged that it be directed that ministers, legislators and anybody unconnected with the criminal investigation to be restrained from apportioning criminal responsibility regarding criminal action publicly or through any official communication until determination by a criminal court.
AIMIM Chief Asaduddin Owaisi criticises CM Yogi Adityanath’s ‘demolition drive’
Earlier in the day, All India Majlis-e-Ittehadul Muslimeen chief Asaduddin Owaisi also took a jibe at the state chief minister Yogi Adityanath for demolishing the houses.
“UP CM has become the Chief Justice of Allahabad High Court. He`ll convict anyone and demolish their houses? The house which was demolished is in the name of the wife of the accused who is a Muslim woman,” Owaisi said on the demolition of houses in Prayagraj.
The demolition of alleged Prayagraj violence mastermind Javed Ahmed’s ‘illegally constructed’ home
Speaking to ANI, a local police constable asserted in the morning that the environment was peaceful in the city, days after the violence erupted. “The atmosphere is peaceful in Prayagraj after violence hit on June 10. On June 12, the house of the main conspirator Javed Pump was demolished. The identification of the people involved in violence is on,” he said.
Earlier on Sunday, the Prayagraj Development Authority (PDA) issued a demolition notice at the residence of the main conspirator Javed Ahmed, asking him to vacate the house by 11 AM as it was “illegally constructed”.
During the demolition drive, posters and flags were taken out of the residence of the Prayagraj violence accused Javed Ahmed. Notably, the students of Jawaharlal Nehru University also protested outside UP Sadan against the demolition held earlier today.
According to Prayagraj Senior Superintendent of Police (SSP) Ajay Kumar, names of the people linked with AIMIM have surfaced and there could be more masterminds of the violence.
“Mastermind Javed Ahmed detained, there could be more masterminds…The anti-social elements used minor kids to hurl stones at the police and administration. A case registered under 29 crucial sections. Action will be taken under Gangster Act and the NSA,” he told reporters on Saturday.
The SSP said that there are 70 others who are named as accused and over 5,000 people unnamed in the violence. “Action will be taken under the Gangster Act and NSA,” he added.