While suspending the demolition campaign conducted by the Haryana government in the Nuh and Gurugram community violence cases, the Punjab and Haryana High Courts made some strongly critical observations.
The Court stated that it has come to its notice that the “State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh”.
“Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law”, the Court observed.
Furthermore, the Court made a sobering observation as to whether buildings belonging to a particular community in Nuh and Gurgaon were demolished by the authorities under the guise of a matter of public order and whether ethnic “ethnic cleansing is being conducted by the State”.
“The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of a law and order problem and whether an exercise of ethnic cleansing is being conducted by the State,” said the division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan.
The court heard several reports of an ongoing demolition campaign in Nuh, Gurgaon, following community clashes. Authorities are said to have demolished a number of shacks, makeshift shops and some “illegal” concrete structures, allegedly belonging to those involved in last week’s community violence…
The court noted that today’s article published in ‘Times of India’ and ‘The Indian Express’ will further show that demolition is taking place in two districts, namely Nuh and Gurugram. He added that the action was attributed to individuals engaged in anti-social activities who carried out illegal construction work.
The press quoted the interior minister himself as saying that the bulldozer was part of illaj (treatment) because the government was investigating community violence. Referring to the Home Secretary’s statement, the Court noted that “power tends to corrupt, and absolute power corrupts absolutely”.
Considering the allegations, the bench said, “It is in such circumstances, we are constrained to issue notice to State as it has come to our notice that the State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh.”
The Court observed, “We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law.”
The state has ordered Haryana to issue affidavits on how many buildings have been demolished in both Nuh and Gurugram districts over the past two weeks and whether any notice has been given before the demolition. “If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law,” it added
The Court submitted the matter for further consideration on August 11, stating, “We request Mr. Kshitij Sharma, Advocate, to assist us on the issue involved, and he is appointed as amicus curiae for the said purpose.”
BR Mahajan, Advocate General of Haryana and Sruti Jain Goyal, Senior DAG, accepted notice on behalf of the State Government
Case Details: Court on its own Motion v. State of Haryana
