New Delhi: 

The matter came up before a bench comprising justices B R Gavai and Augustine George Masih. The plea contended that the demolition was conducted by the authorities after a frivolous complaint. It was alleged in the complaint that the anti-India slogan was raised during a cricket match between India and Pakistan during the Champions Trophy held last month. The plea disputes the FIR’s claim of anti-India sloganeering.

The Supreme Court on Monday issued notice to a resident of Maharashtra’s Malvan town on a plea seeking contempt proceedings against civic authorities for demolishing his scrap shop and house after his 14-year-old son was accused of chanting “anti-India” slogans during the India-Pakistan cricket match. The plea has been filed by one Kitabulla Hamidulla Khan.

After hearing submissions, the bench said, “issue notice…”, and scheduled the matter for further hearing after four weeks. The plea contended that the demolition was carried out under “political pressure”, without notice to the petitioner and violated the top court judgment against “bulldozer justice”.

The plea has been filed through Advocate Fauzia Shakil. The plea contended that two men had assaulted the petitioner's son near a liquor shop when he was buying chips after returning from a mosque. The plea states that a mob came to the family’s tin shed house later at night and assaulted them.

The plea claimed that after the incident, the local MLA also wrote to civic authorities to take immediate action against him and family members, after which the civic authorities demolished the tin shed shop and one-room tin house on February 24. The plea claimed that the authorities alleged that it was an “illegal structure”.

In November, last year, the apex court in its verdict had said that the demolition of properties of citizens’ without following due process is contrary to the rule of law.

An FIR was registered against them on the complaint of one Sachin Varadkar, and the couple was taken into custody on February 24. They secured the bail the next day.

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