Supreme Court Orders Status Quo On Demolition Drive Near Shri Krishna Janmabhoomi In Mathura
|The Supreme Court, today, passed an order on a Writ Petition directing the maintenance of the status quo for a period of 10 days regarding the ongoing demolition process by the Railway authorities near Shri Krishna Janmabhoomi in Mathura.
The Bench of Justice Aniruddha Bose, Justice Sanjay Kumar, and Justice S.V.N. Bhatti in its order noted, "Services to be effected on the Advocate-on-Record for the Union of India. Let there be a status quo as regard the subject premises for a period of 10 days. List after one week."
At the outset, Senior Advocate Prashanto Chandra Sen, along with Advocate-on-Record Kaushik Choudhury, representing the Petitioners, apprised the Court that numerous houses have already been demolished, leaving around 70-80 houses remaining. They expressed concern that the entire case will become infructuous.
In the Writ Petition, it was submitted that because of the closure of both the Allahabad High Court and District Court, the Petitioners were unable to pursue the matter. Exploiting this situation, the Railway Authority initiated the demolition process of the petitioners' house in an extremely arbitrary manner.
"Petitioner has tried their level best to pursue the matter before the Ld. Civil Court and the Hon’ble High Court but the Courts being closed they could not pursue the matter there and as such are compelled to approach this Hon’ble Court as their only place to stay is getting demolished where they have been staying since 1880", it is said in the Writ Petition.
It has further been submitted that since the aggrieved parties approached the Civil Judge, Senior Division, Mathura in order to seek the protection of their Right to Life, the Railway Authorities have deployed police officials at Krishna Janmasthan (that is, the Site being demolished) and such police officials have been ordered to hunt down the residents of Krishna Janmasthan and detain them so as to ensure that the demolition activities are carried out uninterrupted.
It is also highlighted that the action of the Respondent to proceed with the demolishing on a date when the interim application was fixed for a hearing before the Civil Judge is absolutely illegal and arbitrary. "Petitioner has no other place of living and demolishing the house where they have been staying for more than 100 years is absolutely illegal and arbitrary that too when the matter is sub judice", reads the Writ Petition.
In the petition before the Apex Court, it was sought that a direction may be passed on the Respondent to not proceed with the demolition of the properties which are the subject matter of Suit for Permanent Injunction numbered 483/2023 before the Civil Court, Senior Division Mathura till the time the interim application for stay is not decided.
Cause Title: Yakub Shah v. Union Of India And Ors. [Diary No. 33188-2023]