Nuh: Taking suo motu cognizance of the demolition drive carried out in Haryana’s Nuh following communal violence, the Punjab and Haryana High Court questioned the motive behind the bulldozing of houses and shops belonging to a particular community, suggesting the possibility of an 'exercise of ethnic cleansing' by the state authorities.
The court asked whether properties of a specific community were targeted under the pretext of maintaining law and order.
The Division Bench of Justices G S Sandhawalia and Harpreet Kaur Jeewan expressed their reservations about the demolition drive, citing reports that demolition orders and notices were not properly issued.
They emphasized the importance of adhering to legal procedures and stated, "If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law."
The court cited news reports pertaining to the demolition drive, highlighting the use of force by the state government to demolish buildings in the wake of recent riots in Gurugram and Nuh.
The court indicated that these demolitions were taking place without proper authorization and notices, seemingly utilizing the law and order situation as a pretext for conducting demolitions. The issue of whether these actions are part of an ethnic cleansing effort was also raised by the court.
The court indicated that these demolitions were taking place without proper authorization and notices, seemingly utilizing the law and order situation as a pretext for conducting demolitions. The issue of whether these actions are part of an ethnic cleansing effort was also raised by the court.
"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 court asserted.
Accordingly, the court directed the State of Haryana to provide an affidavit detailing the number of buildings demolished in the past two weeks in both Nuh and Gurugram, and whether any notice was issued prior to demolition.
The court set the next hearing for August 11 and appointed Advocate Kshitij Sharma as amicus curiae to assist in the proceedings.
In response to the court's concerns, Nuh Deputy Commissioner Dhirender Khargata stated, "I have ordered the officials to stop the drive against illegal construction."
The district of Nuh had witnessed communal violence on July 31 during a yatra organized by the Vishwa Hindu Parishad (VHP) and Bajrang Dal. Tragically, six individuals, including two home guards, lost their lives in the clashes.
The subsequent demolition drive, which began on August 3, has reportedly targeted "unauthorized" shanties, temporary shops, and some concrete structures. Many residents have alleged that they did not receive prior notice before the demolitions took place, leading to further controversy and debate.