- Background of the petition: Ulama-I-Hind, a leading organization of Islamic scholars belonging to the Deobandi school of thought in India, has petitioned the Supreme Court under Article 32 of the Constitution seeking relief against the demolition of commercial and residential buildings using de as punitive measures against those accused of being involved in riots. Muslim body Jamiat Ulama-i-Hind has approached to the Supreme Court seeking a direction for the Centre and some states including Madhya Pradesh and Uttar Pradesh that “precipitative actions” like razing buildings in criminal proceedings be not taken. The plea assumes significance because of recent actions taken by authorities in Madhya Pradesh to use bulldozers to raze properties of those accused of rioting during the Ram Navami celebrations.
- Prayer before court: Jamiat Ulama-I-Hind, in its petition, submitted razing the house in a criminal proceeding as a punishment is unknown to criminal law. Petitioners are also seeking a declaration that residential accommodations or any commercial property cannot be demolished as a punitive measure. The organisation has also prayed that police personnel be provided specialised training in handling communal riots and situations where populations become restive.
“The legal process, including the pre-trial and trial stage, is hindered by these acts of the State, therefore, immediate action is needed to prevent such incidents from repeating. 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. Hence, this 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 said.
- Filing done by: The petition has been filed by Gulzar Ahmed Noor Mohammed Azmi, the Secretary of the Jamiat Ulama-i-Hind, said Fazlur Rahman Qasmi, the press secretary of the Muslim body.
- Right to housing a right or fundamental right: The petitioner contends that the right to housing/shelter is a fundamental right, as has been held by the Supreme Court on numerous occasions, and forms an integral part of the right to life guaranteed under Article 21 of the Constitution. The petition also seeks directions for ministers, legislators and anybody unconnected with the criminal investigation to be restrained from apportioning criminal responsibility regarding criminal action publicly or through any official communication until a determination by a criminal court.
