Chandigarh (TIP)- The Haryana government on Friday, Aug 11, told the Punjab and Haryana high court that question of “ethnic cleansing” in the demolition exercise carried out in Nuh and Gurugram does not arise and that the demolition was undertaken as per the law. As the hearing began before the bench of justice Arun Palli and justice Jagmohan Bansal, on Friday morning, state’s additional advocate general, Deepak Sabherwal, verbally told the court that it was not a case of “ethnic cleansing at all and due procedure has been followed for demolition in both the places Nuh and Gurugram”. Sabherwal sought more time to file a written statement, stating that the data is being compiled. HT reported on Wednesday, citing government officials, that around 1,200 properties, almost all belonging to Muslims were demolished.
But the court proceedings took an interesting turn when the bench said it was referring the matter back to the chief justice’s bench. “It was a public interest litigation matter and as per high court rules…, should have been listed for hearing before the first division bench…”, the bench said, before posting the matter for hearing on August 18.
The bench referred to Chapter 2 Rule 9 in Volume 5 of the Punjab and Haryana high court rules, which stipulates that all suo motu public interest litigations (PIL) initiated by the high court shall be put up before the chief justice for listing before an appropriate bench as per roster within three days.
The PIL was assigned for hearing before the bench of justice Palli and justice Bansal on Friday. The first division bench, which usually hears PILs, is presided over by the chief justice RS Jha himself. But he is on leave.
In the detailed order released later, the bench said, “In the wake of the detailed note recorded by the office. Let this petition, along with miscellaneous applications, be placed before the 1st division bench on 18.08.2023.” Contents of the note was not reflected in the order.
Meanwhile, in the brief hearing, a lawyer appearing for affected locals in Nuh also tried to point out that demolitions were carried out without any prior notice and private properties were targeted. However, the advocate general, BR Mahajan submitted that action was as per law.
On August 7, a division bench comprising justice GS Sandhawalia and justice Harpreet Kaur Jeewan took suo motu on the demolitions and observed that the law-and-order situation seemed or be “a ruse” to demolish buildings without due process. The bench further asked if the action was an “exercise of ethnic cleansing” by the state.
On Thursday evening, the case was assigned to a new bench, without any reason for the change being mentioned. And on Friday, perhaps closing the loop, the new bench has referred the case back to the chief justice.
The demolition exercise began in Nuh on August 3, four days after communal violence erupted in the district on July 30 during a Hindu religious procession.
The violence eventually spiralled and spread to neighbouring districts, including Gurugram, where mobs set afire a mosque and pillaged several shops and restaurants. The demolitions continued till the morning of August 7, when the high court intervened and questioned the government over the manner it was being carried out.
Source: HT