Former SC, HC, Judges, Senior Lawyers Write To CJI To Take Suo Moto Action On Bulldozing Of Houses In UP

(Judicial Quest News Network)

Supreme Court, High Court judges and Senior Lawyers has urged Supreme Court to take cognizance of demolition of hoses in Utter Pradesh.

The letter petition addressed to the Chief Justice of India NV Ramana, states thatthe State of Utter Pradesh authorities are indulging in illegal detention, bulldozing of residences and alleged police violence on protestors and those in police custody.

A large agitation started following the objectionable remarks made by BJP spokesperson Nupur Sharma on Prophet Mohammed.

It is further submitted that instead of giving protection to protestors and giving them an opportunity of being heard, the state administration of utter Pradesh has “Sanctioned taking violent action against such individual.”

 The Chief Minister has reportedly officially exhorted officials “to take such action against those guilty that it sets an example so that no one commits a crime or takes law into their hands in future.”

He has further directed that the National Security Act, 1980, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be invoked against those found guilty of unlawful protests. It is these remarks that have emboldened the police to brutally and unlawfully torture protestors.

The letter signed by 12 former judges and senior lawyers has urged the Court to intervene to assert the “deteriorating law and order situation” in utter Pradesh.

The Signatories of the letter are:

1. Justice B.Sudarshan reddy (Former Judge Supreme Court);
2. Justice V.Gopala Gowda (Former Judge Supreme Court);
3. Justice A.K Ganguly (Former Judge Supreme Court);
4. Justice AP Shah (Former Chief Justice of Delhi High Court and Former Chair person of Law Commission of India);
5. Justice K. Chandru (Former Judge of Madras High Court)
6. Justice Mohammed Anwar (Former Judge of Karnataka High Court)
7. Shanti Bhushan (Senior Advocate, Supreme Court)
8. Indira jaisingh (Senior Advocate)
9. Chander Uday Singh (Senior Advocate, Madras High Court)
10. Sriram Panchu (Senior Advocate, Madras High Court)
11. Prashant Bhushan (Senior Advocate, Supreme Court)
12. Anand Grover (Senior Advocate Supreme Court)

The letter highlighted how recent remarks made by certain BJP spokesperson (since suspended form office) on the Prophet Mohammed have resulted in protests in multiple parts of the country, and particularly in UP.

The remarks made by Chief Minister have emboldened police to brutally and unlawfully torture protestors, the letter alleged.

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. Such a brutal clampdown by a ruling administration is an unacceptable subversion of the rule of law and a violation of the rights of citizens, and makes a mockery of the Constitution and fundamental rights guaranteed by the State. 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.

Such brutal clampdown by a ruling administration is an unacceptable subversion of the rule of law and a violation of the rights of Citizens, and makes a mockery of the Constitution and fundamental rights guaranteed by the State, it was further alleged.

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.

The Judiciary’s mettle is tested during such times and it has risen to the occasion in the past, the letter said highlighting how it had taken suo moto action in Migrant labours matter and also passed orders in Pegasus case.

In the same spirit, and in its role as custodian of the Constitution, we therefore urge the Hon’ble Supreme Court to take immediate suo moto action 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. We hope and trust the Supreme Court will rise to the occasion and not let the citizens and the Constitution down at this critical juncture.

We hope and trust the Supreme Court will rise to the occasion and not let the citizens and the Constitutional down at this critical juncture, it added.

[Read the Letter]