Contempt plea on demolition: SC seeks replies from Assam govt and others, orders status quo

Press Trust of India New Delhi: The Supreme Court on Monday sought the responses of the Assam government and others on a plea seeking initiation of contempt proceedings for the alleged violation of the apex court's order that had said there shall be no demolition of properties across the country without its permission. A bench of Justices B R Gavai and K V Viswanathan also asked the parties to maintain status quo in the matter. The top court had, on September 17, said there will be no demolition of properties, including of those accused of crimes, till October 1, without its permission.

The plea seeking initiation of contempt proceedings against the authorities concerned over proposed demolitions in Assam's Sonapur came up for hearing before the court on Monday. Senior advocate Huzefa Ahmadi, appearing in the court on behalf of the petitioners, said there has been an "egregious violation" and breach of the apex court's order that had categorically said there should be no demolition without its permission. When the bench said it would issue a notice on the plea, Ahmadi requsted that status quo should be maintained. "Issue notice, returnable in three weeks.

In the meantime, parties shall maintain status quo," the bench said. Several pleas, which have alleged that properties of those accused of crimes are being demolished in several states, are pending in the top court. While hearing these pleas on September 17, the court had observed that even one instance of illegal demolition was against the "ethos" of the Constitution. "Till the next date of hearing, we direct that there shall be no demolition anywhere across the country, without seeking leave of this court," the bench had said and posted the pleas for hearing on October 1.

"We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also, to cases where there is an order for demolition made by a court of law," the apex court had said. Hearing the petitions on September 2, the court had questioned how can anybody's house be demolished just because he is an accused in a case. The court was hearing petitions filed by the Jamiat Ulama-i-Hind and others seeking directions to various states to ensure no further demolition of properties of those accused in cases of rioting and violence.

The Muslim body had also filed a petition in the apex court seeking directions to the Uttar Pradesh government to ensure that no further demolition of properties of those accused of violence was carried out in the state.It had said no demolition should be carried out without following the due process of law and sans prior notice.