Demolition notices to be withdrawn, HC told
Dehradun, May 3 -- Nainital municipal council on Friday informed the Uttarakhand high court that it has withdrawn the demolition notices issued to Mohammad Usman, the main accused in the minor rape case, along with 62 other residents of Rukut area in the district after a petition alleged the notices violated the Supreme Court guidelines mandating a 15-day notice period.
The division bench of chief justice G Narender and Justice Ravindra Maithani was informed about the development after advocate Kartikeya Hari Gupta, counsel of the petitioner argued that the notices issued by the Nainital municipal council provided only a three-day window to vacate alleged encroachments on government land, violating the Supreme Court guidelines.
Gupta said Husan Begum, wife of Usman filed a criminal writ petition, pointing out that a notice by the civic body was pasted on her house on Thursday stating that it was located on an encroached land and she was asked to vacate within three days.
"The petitioner has pleaded before the court that she has been living in that house over more than 20 years and no evacuation notice was ever served to her. The present notice has been given as a measure of vengeance as some people in the town are giving a communal spin to the incident," the plea said.
Gupta said the husband of the petitioner has himself presented himself to the police, who arrested him and currently he is in judicial custody. "Any forceful demolition of petitioner's dwelling house, is in violation of the Supreme Court orders which has banned such revengeful demolition exercise of the property of the accused of alleged crime", he said.
The HC also expressed strong displeasure over incidents of vandalism and protests in Nainital and criticised the lack of adequate security when the rape accused was produced in Haldwani court-an oversight that allowed a group of lawyers to attempt an attack on the accused.
Meanwhile, tension prevailed in the hill town for the third consecutive day as locals and members of Hindu right-wing organisations attempted to move towards the Jama Masjid, breaking through police barricades while members of the Muslim community were offering Friday prayers. Nainital Police have also booked 30 unidentified people for allegedly assaulting Muslim men and vandalising their shops in Gaadi Padaw area on Wednesday, officials said....
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