Read Time: 05 minutes
“We are not issuing notice or any interim order...but we clarify that if we find they are in contempt of our previous order, we will not only send them to jail but will also ask them to restore everything...", top court has said
The Supreme Court of India on Friday refused to stay demolition of structures near Gujarat's Somnath temple. However, the court said that if authorities in Gujarat would be found to have acted in contempt of its order on demolition of properties, it will ask them to restore the structures.
Summast Patni Muslim Jamat, had approached the top court against the demolition of certain religious structures, including dargah and mosques, in Gujarat’s Prabhas Patan.
Senior Advocate Sanjay Hegde, appearing for Jamat, told a bench of Justices BR Gavai and KV Vishwanathan that despite the top court's order, the authorities in Gujarat had demolished certain structures.
In response, Solicitor General Tushar Mehta, submitted the structures were abutting the sea and were around 340 metres away from the Somnath temple and fell within the exception carved out by the court.
Notably, on September 17, the Top court had by way of an interim order halted any demolition without its permission of properties of persons just because they are accused of being involved in a crime.
On October 5, 2024 Supreme Court had reserved its judgment in the pleas seeking appropriate directions against actions of bulldozing properties of any accused in any criminal proceedings.
A bench of Justices Gavai and Vishwanathan also extended its previous interim order halting any demolition without its permission of properties of persons just because they are accused of being involved in a crime.
Supreme Court had earlier questioned the concerned authorities over their wanton demolition of houses and properties of the accused in a criminal case.
A plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings.
The organisation in their petition has said that there has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states as a ‘punitive measure’ against persons allegedly involved in crime.
Jamait claims that such measures are against the constitution and violate the rights of a person. it was further claimed that “such measures by the government undermine the criminal justice system of our country, including the important role of the courts.
Please Login or Register
