Nainital communal violence, demolition: Uttarakhand High Court slams police, civic body for 'incompetence'

The Uttarakhand High Court on Friday slammed the State police over the communal violence that erupted in Nainital after a Muslim man was arrested on Thursday for allegedly raping a minor [Husan Begum v State of Uttarakhand]..The Bench of Chief Justice G Narendar and Justice Ravindra Maithani also took strong exception to the action of the local municipal body to issue notice for the demolition of the house of the accused. The Court was hearing a petition moved by the wife of the accused against a three-day notice issued to her by the local municipal body for demolition of her house.It was submitted that the family has been living in the house for more than 20 years and no notice of encroachment was ever sent to them before. The Court said that such action by the local body was in defiance of the directions issued by the Supreme Court to curb illegal demolitions of properties belonging to accused. "We are issuing contempt and we are taking it up seriously. You cannot violate the Supreme Court order. It was not passed eons ago… The Supreme Court has been very clear, if you want to demolish a house, what is the procedure…" the Court observed..Commenting on the violence that broke in Nainital on Thursday, the Court questioned the police failure to maintain law and order.“Your incompetence leads to all these problems and you want to cover it up. Shops belonging to everybody… some Bimla Devi, why was her shop ransacked,” the Court asked.The Court was also informed that when the accused was produced before the trial court, there was scuffle with his lawyer. At this, the Court asked,“How can lawyers prevent anybody from representing anyone…” The Court then remarked that the State had deliberately failed. "It could not have happened had the police been vigilant... what action have you taken against arsonists," it asked..Following the critical observations of the Court, the counsel representing the municipality said the notice would be withdrawn. The matter is now listed for hearing on May 6..A complaint alleging that a 12-year-old girl was allegedly raped by the accused in April was filed with the police on Wednesday. As per the media reports, the case then led to the communal violence during which miscreants resorted to vandalism..Advocate Dr Kartikeya Hari Gupta represented the petitioner. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.