Khargone Properties Demolition: Plea In Supreme Court Seeks Court-Monitored Sit Probe Against Government Actions
(Judicial Quest News Network)
A petition has been filed in Supreme Court seeking a free and fair investigation by court-monitored special Investigation team (SIT), into the demolition of properties of persons suspected to be involved in riots in Khargone distirct of Madhya Pradseh.
In the month of April three areas of Madhya Pradesh’s khargone saw reports of stone-pelting and arson during Ram navami processions, apparently nearly 80 persons were grilled by authorities, meanwhile immediately next day the bull-dozer on orders of the authorities illegally rammed into the shops and houses of the riot suspects.
While expressing his opinon in an interview conducted by the Inisa’s national Daily News paper “The Hindu” the Indore Divisional Commissione Pawan Sharma justified this by claiming that “if an illegal strucuture is rthere we can take the action under the relevant sections and the idea to do so is to instill fear of financial losses among the accused.
The petitioner said that their grievance is that the concerened authorities are guilty of negligienceand inaction which triggered the violence and targeted the present petitioner’s, business, houses, and establishments by illegally and arbitrarily running bulldozers on their properties.
The petition is filed by Razia Mansoori, through Advocate Addel Ahmed (AOR), Advocate Ehtesham Hashmi urge the court for the constitution odf an SIT for free and fair investigation of the case under the supervision of a retired Supreme Court Judge and a strict action to be taken against officials of the State machinery who have participated in the illegal excercisev of demolitionof properties of the petitioners.
It is also submitted that the demolition orders were given by the authorities witout serving any prior notice to the petitioners and is in the violation of ‘AudiAlteram partem’ which is enshrined in the principle of Natural Justice.
The rights guarantted under Article 21 of the Constitution to al the citizens of the country ahs been violated “The right to housing/Shelter is the fundamental right as has been held by this Hon’ble Court on several occasions and forms an integral part of the right guaranteed.
This right cannot be taken away or infringred upon without following the due process of law.
It is also submitted that the petitioner have lost their source of livelihood and shelter by illegal, arbitrary and bias action of the respondents which is a clear violation of the rights of the petitioners protected under aricles 14,15 asnd 21 of the Constitution of India.
This act of the respondent shows a premediated act and is motivated by hate towardsa certain community.
The non-action or the biased action of the police is creating a growing atmosphere of hate against the Muslim Community which leads to number of hate crimes against them.
The petitioner also sought to issue a direction to the authorities to reconstruct their houses, shops, and other establishments.
The petitioners also urge the court to issue a writ of mandamus or any other writ, order or direction to pay compensation to the petitioners.
