‘Demolitions Part of Illegal State Policy’: Ex-Judges Urge SC To Take Action

The letter-petition urges SC to take suo motu action to "arrest the deteriorating law and order situation in UP."

The local administration in Uttar Pradesh's Prayagraj launched a demolition drive on Sunday, 12 June, and razed the property of Javed Mohammad, one of the persons allegedly involved in the violent protests against the remarks made by suspended Bharatiya Janata Party (BJP) spokesperson Nupur Sharma on Prophet Muhammad.

(Photo Courtesy: Piyush Rai/The Quint)

"The coordinated manner in which the police and development authorities have acted lead to the clear conclusion that demolitions are a form of collective extra judicial punishment, attributable to a state policy which is illegal," wrote several retired judges and senior advocates in a letter petition filed in the Supreme Court of India on Tuesday, 14 June.

Pointing out that the "mettle of the judiciary is tested in such critical times", the letter petition addressed to the Chief Justice of India urges the Supreme Court to take immediate suo motu action, in a bid to –

"Arrest the deteriorating law and order situation in Uttar Pradesh, specifically involving the high-handedness of the police and state authorities, and the brutal clampdown on the fundamental rights of citizens."

This petition comes days after the authorities in the state demolished the homes of multiple people who have been accused of violence amid the protests against former BJP spokespersons Nupur Sharma and Naveen Jindal's derogatory remarks on Prophet Muhammad.

Most recently, on Sunday, the house in which activist and violence-accused Javed Mohammad lived along with his family was razed to rubble on the pretext of it being an allegedly illegal construction.

The letter petition has been signed by:

• Justice B. Sudarshan Reddy, Former Judge, Supreme Court of India

• Justice V. Gopala Gowda, Former Judge, Supreme Court of India

• Justice A.K. Ganguly, Former Judge, Supreme Court of India

• Justice A P Shah, Former Chief Justice, Delhi High Court and former Chairperson, Law Commission of India

• Justice K Chandru, Former Judge, Madras High Court

• Justice Mohammed Anwar, Former Judge, Karnataka High Court

• Shanti Bhushan, Senior Advocate, Supreme Court

• Indira Jaisingh, Senior Advocate, Supreme Court

• Chander Uday Singh, Senior Advocate, Supreme Court

• Sriram Panchu, Senior Advocate, Madras High Court

• Prashant Bhushan, Advocate, Supreme Court

• Anand Grover, Senior Advocate, Supreme Court

'UP CM's Remarks Emboldened the Police', Claim Ex-Judges, Lawyers

Pointing out that instead of according the protesters an opportunity to be heard and to engage in peaceful protest, the petition says that the UP state administration appears to have sanctioned taking violent action against such individuals.

Further, the former judges and practicing lawyers observe that the Chief Minister Yogi Adityanath has, according to media reports, exhorted officials to take such action against the guilty that "it sets an example" and directed invoking of the National Security Act, 1980 and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

"It is these remarks that have emboldened the police to brutally, and unlawfully, torture protestors," they noted.

"Pursuant to this, the UP police have arrested more than 300 persons and registered FIRs against protesting citizens. Videos of young men in police custody being beaten with lathis, houses of protestors being demolished without notice or any cause of action, and protestors from the minority Muslim community being chased and beaten by the police, are circulating on social media, shaking the conscience of the nation."

Former judges and practicing lawyers say in the letter-petition

According to them, such a brutal clampdown by a ruling administration:

• Is an unacceptable subversion of the rule of law,

• A violation of the rights of citizens, and

• Makes a mockery of the Constitution and fundamental rights guaranteed by the State