India Tomorrow
NEW DELHI—Jamiat Ulama-i-Hind (JUH) led by Maulana Syed Arshad Madani, has moved the Supreme Court praying to the top court to restrain the state government authorities from resorting to the demolition of houses and other properties on the pretext that occupants or owners of such homes were involved in stone-pelting during communal riots.
JUH is one of the top Muslim organizations in India.
More than 99 percent of victims of the government’s “punitive actions” happen to be Muslims.
The Muslim body moved to the apex court after the state government authorities in Madhya Pradesh and Gujarat resorted to bulldozing Muslim houses and shops after communal riots, or what is being dubbed an attack on Muslim houses. Earlier, Uttar Pradesh authorities had used bulldozers to demolish Muslim houses on similar pretexts.
The petition pointed out the authorities were taking “precipitative actions”, or quick decisions, without following the due process of law.
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The petition pointed out that there was no provision in the criminal justice system to bulldoze residential and commercial properties as a means to inflict punishment.
The petition also pointed out that the punishments were being given to people without allowing them to be heard.
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“The authorities have been acting in violation of the accused persons’ right to fair trial and condemning them unheard,” the petition pointed out.
The petition submitted that holding people guilty without investigation and adjudication by a court violated the rights of alleged wrongdoers,” the petition highlighted.
The petition stated that the demolition of properties of such persons was more alarming because the law did not prescribe such punishments for the offences committed allegedly by targeted persons.
“The acts of the authorities also prevent the accused persons from adequately defending themselves against the allegations”, says the petition.
The petition has also sought a direction to restrain ministers and police authorities from giving public statements fixing criminal liability on the accused persons before determining such liability by a trial court. The petition has pointed out that such actions of the government undermine the country’s criminal justice system and the important role of the courts.
The petition has submitted that “a number of ministers and legislators, including the chief minister and home minister of Madhya Pradesh, have made statements advocating such acts and especially threatened the minority groups with the destruction of their homes and commercial properties in case of riots. Resorting such measures/acts is clearly against our constitutional ethos and the criminal justice system, as well as in violation of the rights of accused persons.”
The petition argues that these acts of the state hinder the “legal process, including the pre-trial and trial stage. Therefore, immediate action is needed to prevent such incidents from repeating”.
“The states wherein the administrative authorities are employing such measures have been carrying them out with impunity as they are being supported by the top leadership of the said states. Hence, this Hon’ble Court must step in to stop the situation from escalating any further and prevent such acts from being repeated in other states.”
[…] Muslim Body Moves The… […]
A particular so called minority cannot have unlimited rights to throw stones and then take all subsidies like parasites