The Punjab & Haryana High Court has made a pivotal alteration to the bench overseeing the suo motu case concerning the demolitions in Nuh and Gurugram. The forthcoming hearing, scheduled for August 11, will now be presided over by a bench composed of Justices Arun Palli and Jagmohan Bansal. This change comes in the wake of a previous bench, comprising Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeevan, who had taken up the case on August 7.
During the preceding hearing, the High Court took an unprecedented step by issuing a stay order on the ongoing demolition activities in Nuh. This decision was prompted by communal clashes that had engulfed the region, raising grave concerns over the repercussions of the ongoing demolitions.
The High Court's stance was further reinforced by its incisive queries directed at state authorities. The judicial inquiry delved into the motivations behind the demolitions and sought to ascertain whether the state's actions could be construed as an attempt to conduct "ethnic cleansing" while ostensibly upholding law and order. This line of questioning arose from the Court's apprehension that the "State of Haryana" might be resorting to the use of force to dismantle structures in the aftermath of riots that had transpired in Gurugram and Nuh.
The division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan resolutely underscored their concerns, stating, "Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law… The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State."
These judicial deliberations were prompted by the court's suo motu cognizance of news reports detailing the ongoing demolition activities in Nuh and Gurugram, which were prompted by the earlier communal clashes. Quoting the Home Minister, who referred to the use of bulldozers as a form of "illaj" (treatment) in light of the government's probe into the communal violence, the Court invoked the saying, "power tends to corrupt and absolute power corrupts absolutely."
In defense of the constitutional rights of the country's citizens, the Court proclaimed, "We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law."
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