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Two law students from the Jamia Milia Islamia University have written a letter to the Chief Justice of India requesting him to take suo moto cognizance of the recent acts in Uttar Pradesh of alleged bulldozing of residences, violence done by police on protestors while doing protest, Illegal detention, and police violence on protestors under custody.
The letter written by Mohammad Rehan and Ahmed Zeeshan states that the alleged demolition of house or property is against the principle of Rule of law and natural justice. Moreover, this practice of bulldozing houses is against one of our very essential fundamental rights i.e. Right to Livelihood, they argue.
The 3rd year Law students state, "India is going through a difficult phase where the Constitution, laws, precedents, and practices have no value. What matters is a strong leader to whom no law applies and who can do anything as he pleases. The bulldozer has now emerged as a dominant symbol of state-backed intimidation of Muslims in the country."
"The bulldozing machines are not just demolishing houses and shops but also bulldozing rule of law and our constitutional order. In a constitutional democracy, the bulldozer on a rampage is just like the state thumbing its nose at the court", the letter adds.
It further states that many videos of young men in police custody being beaten with sticks, houses of protestors being demolished without notice or any cause of action, and protestors from the Muslim community being chased and beaten by the police, are circulating on social media, shaking the conscience of the nation.
The letter also submits that executive cannot become a judge, prosecutor, and executioner in its own case and every wrongdoer has a constitutional right to defend himself in a trial conducted by a competent court of law. "Justice needs to be done by the courts of law, not by the government," it reads.
Earlier, former judges of the Supreme Court, various High Court, and a few Senior Advocates had also written to the Chief Justice of India Justice NV Ramana appealing him to take suo moto cognizance of the recent acts in Uttar Pradesh of illegal detention, violence on protestors and those in police custody, after protests broke out across the country against certain objectionable remarks made by BJP spokespersons.
Additionally, the Supreme Court had recently refused to intervene in Uttar Pradesh demolitions. Court had refused to grant an interim stay as sought in the applications filed against the demolitions of properties in Prayagraj and Kanpur and directed the authorities to follow due process of law.
A bench of Justice AS Bopanna and Justice Vikram Nath had said that the notices against illegal construction may be issued and it should look fair.
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