Supreme Court in the case Raziya Mansoori & Or’s. v. Union of India & Or’s observed for the fair investigation into the violent demolition of several properties at Khargone, Madhya Pradesh a bench headed by a retired Supreme court judge the Supreme Court seeking a court-monitored special investigation team (SIT) for a plea has been moved before the Supreme Court.
MP Home Minister Narottam Mishra declared in the media that the houses of rioters involved in the violence will be torn down and Approximately 80 people were arrested following the riots and a curfew was imposed in the city.
the respondent’s only justification for the move was that if an illegal structure is there, we can take action under relevant sections and further the respondent claimed that the idea was to instill fear of financial losses among the accused, the petitioners have argued before the court that in the absence of a court judgment calling for such demolition.
The Madhya Pradesh Prevention of Damage to Public and Private Property and Recovery of Damage Act, 2022 which came into force with immediate effect on January 5, 2022. This legislation permits tribunals to recover up to twice the cost of the alleged damage, Similar to Uttar Pradesh the state of Madhya Pradesh has also passed a strict law to recover damaged property from protesters.
a PIL filed by Jamia Ulema-i-Hind seeking a declaration that authorities cannot demolish the properties of accused as a form of punishment further the Supreme Court had issued the notice and the Court had also ordered status quo on the demolitions in Delhi’s Jahangirpuri area, which witnessed communal violence during Hanuman Jayanti.
The houses and buildings of the petitioners have been razed to the ground without any notice or attributing them to any cause or crime, or at the least, a finding that they were responsible for the stone-pelting and arson during Ram Navami processions on April 10, 2022.
the Petitioners filled a plea before the Hon’ble Court and prayed:
The court monitored special investigation team (sit) for free and fair investigation of the factum independent inquiry Committee headed by this Hon’ble Court be constituted to investigate into the acts of destruction of properties of these Petitioners headed by a retired Supreme court judge.
the perpetrators of destruction to the lives and properties of these Petitioners to To initiate an action against the perpetrators under Criminal law.
Appointment of an independent probe to assess the compensation for damage and destruction to the property and person of these Petitioners.
Providing compensation for damage and destruction to the property and person of these Petitioners.
According to the reports there were up to 45- 50 number of destroyed houses and properties, The petition further states.
The move was necessitated According to the respondents who own these properties “were encroaching on public land and action has been taken based on land revenue records as seen per the News report but some of the accused involved in the communal riots.
