Tag : Jamiat-Ulama-I-Hind

New Delhi : The Supreme Court on Wednesday queried counsel representing Jamiat-Ulama-i-Hind, which has challenged the bulldozer action in Uttar Pradesh, how it can pass an omnibus order restraining the authorities from carrying out demolition of unauthorised constructions, even though the court concurred that the rule of law must be followed. The top court did not pass an interim order in the matter, and fixed the matter for further hearing on August 10.A bench comprising Justices B.R. Gavai and P.S. Narasimha said there is no dispute that rule of law has to be followed. "If under the municipal law the construction is unauthorised, can an omnibus order be passed to restrain authorities?"Senior advocate Dushyant Dave, representing Jamiat, citied a news report claiming house of a murder accused was demolished and pressed the authorities should not take advantage of municipal laws. Dave said: "We are against this culture...it is happening across the country", and also claimed that the authorities are doing pick and choose action against a community. Solicitor General Tushar Mehta said, "They're also Indians, we can't have community-based litigation".Jamiat's counsel further questioned the validity of demolition of houses and establishment of riots accused by the Uttar Pradesh government, and urged the top court to pass a direction to stop such selective demolition drives in future.The top court reiterated its query to the petitioner, whether the court can pass an omnibus order in a public interest litigation, restraining state authorities from acting against illegal buildings and constructions. It said, "There is no dispute that the rule of law has to be followed. But can we pass an omnibus order?"Dave pressed that selective action is be ...