‘Can’t pass omnibus order’: Supreme Court rules out blanket stay on demolition drives across states

The bench of Justices BR Gavai and PS Narasimha orally stated, "Rule of law has to be followed, no dispute. But can we pass an omnibus order. If under the Municipal law the construction is unauthorized, can an omnibus order be passed to restrain authorities?"

The Supreme Court on Wednesday refused to pass an interim order staying the ongoing demolition drives across the country, stating that such action would amount to directly interfering with the rights of municipal authorities to act against violators. The top court was hearing a plea filed by Jamiat Ulama-i-Hind alleging that the minority community was being targeted for merely being accused of riots, with the action being undertaken by the police, instead of the municipal authorities.

The bench of Justices BR Gavai and PS Narasimha orally stated, “Rule of law has to be followed, no dispute. But can we pass an omnibus order. If under the Municipal law the construction is unauthorized, can an omnibus order be passed to restrain authorities?”

Senior Advocate Dushyant Dave, the counsel for the Muslim body, argued that “there was a pick and choose against the other community.” Solicitor General Tushar Mehta, appearing for the UP government, said that “there is no other community except the Indian community.” SG Mehta further pointed out that the demolition drive in Uttar Pradesh was undertaken in accordance with the law, and notices were sent much before the riots against BJP leader Nupur Sharma’s comments on Prophet Mohammed.

“Demolition of houses merely because somebody is accused in a crime is not acceptable in our society. We are governed by rule of law…”, said Dave, while arguing on behalf of the petitioners. Dave said that house of an accused in Assam was demolished recently, citing a report by The Indian Express. “We have given numerous cases, where police officers announcing demolition and demolishing the houses of the accused,” Jamiat’s counsel CU Singh said.

Earlier, the top court had asked the UP government to file a detailed reply regarding the demolition drive. In its reply, the state government maintained that the illegal structures were being razed by the local municipal authorities in order to prevent any encroachment. The top court has now asked the Madhya Pradesh and Gujarat governments to file a detailed reply with respect to the demolitions there.