SC asks how it can pass omnibus orders against bulldozing houses

New Delhi: While hearing a plea by Muslim outfit Jamiat-Ulema-I-Hind, challenging the rolling bulldozer on the houses of riot accused by the Uttar Pradesh and Madhya Pradesh governments, the Supreme Court asked how it can pass omnibus orders urging authorities not to take action against illegal constructions.

Jamiat-Ulema-I-Hind argued that the authorities use the laws for targeting members of particular community who were accused in communal riots. A bench of Justices B R Gavai and P S Narasimha set the matter for August 10 to hear.

Justice Gavai wondered how it can pass an omnibus order when there are laws to be followed on which no one has a second thought. On such case, how can an order passed to restrain authorities while the municipal law deems something is illegal.

Advocate Dushyant Dave, who appeared for the petitioner, said there are incidents where the authorities had demolished houses of people who were accused of crime. The law shall not let it become a culture where the land is governed by laws, he said.

Senior advocate C U Singh, another lawyer of the petitioner, cited cases where police officials were attesting the demolition and demolished houses were of the accused.

Countering the arguments, Solicitor General Tushar Mehta said that the actions that had been taken against people were not retaliatory, that the demolitions were following due process. Advocate Dave contended that "there is a pick and choose against other community". He added, there is no material to show that other unauthorised houses were acted against.