Aastha Pareek
In the latest developments from Bahraich, Uttar Pradesh, a significant legal dispute has emerged following communal violence that took place on October 13, 2024. The violence, triggered during a Durga idol immersion procession, escalated into clashes that resulted in the death of a 22-year-old man, Ram Gopal Mishra. This incident led to widespread damage, including arson and destruction of properties, particularly those belonging to members of a specific community. The authorities have since registered multiple FIRs.
In response, the Uttar Pradesh Public Works Department (PWD) issued demolition notices to 23 individuals accused of participating in the violence, claiming their properties were illegally constructed. This matter is currently being heard as part of the ongoing case titled Abdul Hameed and Others v. State of Uttar Pradesh in the Supreme Court of India. The case has been brought before a bench led by Chief Justice D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra. The petitioners, three individuals who are either directly accused in the Bahraich violence or relatives of the accused, have filed an intervention application against demolition notices issued by the Public Works Department (PWD). They argue that their properties, which have existed for decades, are not illegal constructions; the demolition orders are unlawful and punitive aimed at retaliating for their alleged involvement in the violence. The petitioners also allege that the demolition notices were issued without due process, providing only a three-day window to respond, which they claim is insufficient for legal recourse.
Over 87 people have been arrested in connection with the violence, which saw rioters torch a bike showroom, causing significant losses. Around 38 vehicles, including motorcycles and cars, were damaged, with the shop owner estimating a loss of ₹50 lakh. Authorities have also registered numerous FIRs, with six individuals directly named in the charges. The police are continuing to investigate, using video evidence to identify and apprehend additional suspects.
According to Uttar Pradesh Director General of Police (DGP) Prashant Kumar, five individuals have been apprehended in connection to the matter. During the operation, two main accused in the killing were shot during an encounter while attempting to flee to Nepal and rest three were detained. Despite the arrest of several rioters, tensions remain high, with authorities maintaining a strict vigil in the area, deploying additional police forces to prevent further violence.
The Court has already expressed its intent to lay down national guidelines to prevent the misuse of municipal powers for punitive demolitions without proper legal process. The next hearing is anticipated soon, with the Allahabad High Court having granted a temporary stay on the demolitions.