Jamiat strikes SC in opposition to razing of homes, outlets of individuals accused of communal violence

By Express News Service

NEW DELHI: The Jamiat Ulama-i-Hind has moved the Supreme Court looking for instructions that residential lodging or business property can’t be demolished as a punitive measure. The petitioners stated within the plea that the administration in a number of states is using bulldozers to raze the homes of individuals suspected to be concerned in felony incidents reminiscent of riots.

The petitioners have additionally prayed that police personnel be supplied specialised coaching in dealing with communal riots and conditions the place populations turn out to be restive.

The petition states that there has lately been a rise within the incidents of demolition of residential and business properties by authorities administrations in a number of states as a punitive measure in the direction of individuals purportedly concerned in felony incidents.

The plea additional seeks instructions be issued to ministers, legislators and anyone unconnected with the felony investigation to be restrained from apportioning felony duty concerning felony motion publicly or by any official communication till dedication by a felony court docket.

“… A number of ministers and legislators, including the Chief Minister and the Home Minister of the state of Madhya Pradesh, have made statements advocating such acts and especially threatened the minority groups with destruction of their homes and commercial properties in case of riots. Resorting to such measures/ actions is clearly against our constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons. Such measures by the governments undermine the criminal justice system of our country, including the important role of the courts,” it stated.

The plea has contended that the authorized course of, together with the pre-trial and trial stage, is hindered by these acts of the state, due to this fact, quick motion is required to forestall such incidents from recurring.

“The states wherein such measures are being employed by the administrative authorities have been carrying them out with impunity as they are being supported by the top leadership in the said states… Court must step in to stop the situation from escalating any further and also prevent such acts from being repeated in other states as well,” the plea added.

The petition says that such acts by the state governments present a whole disregard for the rights of accused individuals.
 
It added that fastening guilt upon individuals with none investigation and adjudication by a court docket thereafter in itself violates the rights of the alleged wrongdoers and demolition of properties of such individuals is much more alarming because the administration, appearing as an executor, has been giving punishments that aren’t even prescribed for the offences allegedly dedicated by the focused individuals.
 
“Thus, these acts of the authorities not only reverse the burden of proof against the alleged offenders, they also prevent the accused persons from adequately defending themselves against the allegations,” the plea stated.