'Ethnic Cleansing Conducted By The State": Punjab & Haryana HC On Nuh Demolitions

The Punjab and Haryana High Court has taken suo motu cognizance of news reports regarding the demolitions of alleged illegal constructions in Haryana's Nuh and Gurugram districts.The court expressed concerns about whether the demolitions were being carried out under the pretext of law and order issues while potentially constituting an exercise of ethnic cleansing. In response, the division bench issued a stay order against further demolitions.

The bench, led by Justice G.S. Sandhawalia, also noted the importance of following proper procedures and due process while conducting demolitions. The court observed that the demolitions appeared to be taking place without the issuance of proper notices to the encroachers and without adhering to established legal procedures.

The division bench emphasized that citizens' rights are protected by the Constitution of India and that no demolition should occur without following the prescribed legal procedures. The court directed the state of Haryana to provide information about the number of buildings that have been demolished in the last two weeks in both Nuh and Gurugram, along with details about whether proper notices were issued before the demolitions.

The court's intervention highlights the importance of upholding legal procedures and safeguarding citizens' rights while addressing issues related to demolitions and land use.

The bench also appointed advocate Kshitij Sharma amicus curiae in the case. The next date of hearing is 11 August.

Following the HC order, the information and public relation department of Nuh district administration issued a media statement informing that the demolition exercise has been stopped in the district in obeyance of the orders of the Punjab and Haryana High Court.

Justice Sandhawalia of the Punjab and Haryana High Court highlighted that news reports suggest that demolitions were being conducted under the justification that individuals involved in anti-social activities had made illegal constructions. The court noted that commercial and residential buildings, some of which had been in existence for a long time, were reportedly being demolished next to a hospital using bulldozers.

Concern Over Illegal Demolitions

The court's order also referenced statements by the Home Minister that suggested the use of bulldozers as a form of "treatment" in the context of probing communal violence. The court cited Lord Acton's famous quote "power tends to corrupt and absolute power corrupts absolutely" in the context of the situation.

Given these circumstances, the division bench felt compelled to issue a notice to the state, expressing concerns about the use of force and demolitions in response to communal violence in Nuh and Gurugram. The court's intervention is rooted in ensuring that proper legal procedures are followed and that citizens' rights are protected even in the face of law and order challenges and communal tensions.

“The news items also say that the Home Minister himself has said that the bulldozers are part of the ilaaj [treatment] since the government is probing communal violence. Lord Acton had stated, ‘power tends to corrupt and absolute power corrupts absolutely’,” noted the bench.

“Under these circumstances we are constrained to issue notice to the state as it has come to our notice that the state of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Nuh and Gurugram,” added the order further as reported by The Print.

Six people, including two personnel of the Haryana Home Guards were killed and over 70 wounded in communal clashes that broke out at a religious procession in Nuh last week. The procession, a ‘Braj Mandal Yatra’, had been organised by Hindutva groups Vishva Hindu Parishad (VHP) and Matra Shakti Durga Vahini.

On Sunday, a group of masked men on motorcycles allegedly vandalized several shops and injured a few people at two locations in Panipat, Haryana. This incident occurred after authorities in the Nuh district carried out a demolition drive to remove illegal structures, from where stones were reportedly pelted on a religious procession in the previous week.

The demolition drive in Nuh was initiated in response to communal clashes, and during the fourth day of the drive, 162 illegally built permanent and 591 makeshift structures were razed, clearing 57.5 acres of land across 37 sites of encroachments.

AAP leader Javed Ahmed further called allegations of his involvement in the murder of Sham a “political propaganda" and an attempt to malign his as well as party’s image.

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