[UP Demolitions] Allahabad High Court Judge recuses from hearing plea filed by violence accused-Javed’s wife, matter to be heard today

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Justice Sunita Agarwal of the Allahabad High Court has rescued herself from hearing a plea filed by the wife and daughter of Javed Mohammad, an accused of June 10th Prayagraj violence, against the demolition of their house by the district administration and Prayagraj Development Authority (PDA).

On Monday when the plea filed by Javed’s wife and daughter, came up before a division bench comprising Justice Sunita Agarwal, the Court ordered, “Let this matter be posted before another bench of which one of us (Justice Sunita Agarwal) is not a member.”

Accordingly, now the matter will be taken up today i.e. June 28 before the Chief Justice as fresh after nomination.

In the plea, Javed’s wife and daughter have sought compensation and punishments from the erring officials. As an interim measure, they have requested a direction to the state government to arrange a government accommodation for them till the reconstruction of their house.

Plea further requests the court to direct the state government to pay them compensation for their illegal arrest, detention, and for violation of their fundamental rights under Article 21 of the Constitution of India.

It is further alleged that at midnight of June 10, 2022, Javed’s wife and daughter were forcibly taken away by the police to Mahila Thana and detained for three days.

Furthermore, it is the petitioner's case that PDA did not serve any notice and the house was gifted by Javed's wife's parents before marriage and she was paying house tax and water tax timely.

Javed was arrested on the night of June 10 in connection with an FIR lodged at police station Khuldabad of Prayagraj district and the PDA decided to bulldoze his house situated in the Kareli area of Prayagraj. Subsequently, his house was demolished on June 12, 2022.

Recently, a letter petition was filed by a few advocates before the Allahabad High Court over the demolition of the house of Javed Mohammad, which got refused, suggesting them to file a regular petition instead.