[Khargone demolition] Madhya Pradesh High Court seeks response from State on plea seeking judicial probe

The Indore Bench of the Madhya Pradesh High Court recently sought the response of the State government on a plea seeking a judicial probe into the demolition of houses and business establishments in MP’s Khargone following riots on Ram Navami [Jahid Ali v the State Of Madhya Pradesh]..Justice Pranay Verma was hearing a plea filed by one Jahid Ali claiming that he was the legal owner of a property which was demolished without issuance of any notice, and in violation of the principles of natural justice.“Till next date of hearing, status-quo with respect to the property in question shall be maintained by the parties,” the single-judge ordered, listing the case after two weeks..According to the petition, on Ram Navami certain miscreants incited riots among two groups belonging to the Hindu and Muslim community. Thereafter, the respondents, acting in concert, demolished the houses belonging to those from the Muslim community including the petitioner's shop.Such demolitions were “illegal, arbitrary, in-humane”, it was submitted. As per the petitioner, his shop in Khargone was demolished on April 11, 2022 along with other properties without following due process of law or providing sufficient opportunity to be heard, thereby causing loss of property and livelihood.“The present petition is being filed for taking cognizance of the illegal act of demolition while respondent authorities action as a judge, jury and executioner,” the plea said. .Apart from a judicial probe into the State’s actions, the petitioner sought compensation for his loss as well as the loss of those who were unable to approach the court to vindicate their rights owing to financial and moral incapacity.“No opportunity was given to shift the material inside the constructed shop so as save the valuable items worth 40- 50 lakhs from getting damaged. In this manner due to arbitrary and reckless action of the respondents the petitioner has suffered heavy loss,” the petition said. .The case will tentatively be heard further on June 24, 2022.Advocate MM Bohra appeared for the petitioner while Government Advocate Akash Sharma represented the respondents..A similar petition is also pending before the Supreme Court, seeking a free and fair investigation by a court-monitored special investigation team (SIT) into the demolition of properties of suspected rioters.The petition was moved by those affected by the demolition and sought urgent intervention by the apex court to stop what was termed in the petition as 'illegal and arbitrary acts' by Khargone's local administration. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.