Property rased for 'anti-India slogans': SC seeks Maharashtra body's reply on contempt plea
New Delhi (PTI): The Supreme Court on Monday directed a Maharashtra authority to respond to a man's plea for initiating contempt action against it after he and his family members were booked by police and his properties were demolished for allegedly raising anti-India slogans during a cricket match.
A bench of Justices B R Gavai and Augustine George Masih issued the notice and posted the hearing after four weeks.
The petitioner, who hails from Sindhudurg district in the state, has claimed his house and shop were demolished on February 24 following an FIR against him, his wife and his 14-year-old son for allegedly raising anti-India slogans during the India-Pakistan Champions Trophy match, which India won the previous day.
The plea, filed by Kitabulla Hamidulla Khan, sought directions for initiating contempt proceedings against the chief officer and administrator of the Malvan Municipal Council arguing the action was in violation of the apex court's November 13, 2024 verdict on demolition of properties.
The top court judgment laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and 15 days' time to the aggrieved party to respond.
The plea, filed through advocate Fauzia Shakil, said the case illustrated an "egregious contempt" aside from how the state machinery violated the guidelines with impunity.
The FIR alleged at around 9.15 pm when the complainant was going to his friend's house, the petitioner's son raised an anti-India slogan while watching the cricket match, the plea said.
The petitioner and his minor son were taken to the police station at midnight and the boy was allowed to go after four-five hours, it added.
While the petitioner and his wife were sent to jail, the plea said the authorities on February 24, demolished his tin shed scrap shop and house calling them illegal structures.
"The action of the civic authorities is arbitrary, illegal, and malafide. It is relevant to note that in the process of demolition, the municipal officers also damaged a vehicle of the petitioner," it added.
Though the man and his wife were granted bail on February 25 by a judicial magistrate, the plea said the chain of events clearly depicted the demolition action was punitive.
"The time gap between the petitioner and his family members being arraigned as an accused and demolition of the scrap shop and home makes it apparent that the punishment of demolition inflicted by the respondent contemnor and other officials was inflicted on account of them being arraigned as an accused in a frivolous case filed by the complainant," it claimed.
The right to housing or shelter is a fundamental right as held by the apex court in several judgments and forms an integral part of the rights guaranteed under Article 21 of the Constitution, the plea added.
"The state and its officials cannot take arbitrary and excessive measures against the accused or the convict without following the due process as sanctioned by law," the plea said.
Saying the bulldozer demolishing a building was a "chilling sight" especially when the authorities failed to follow the basic principles of natural justice and acted without adhering to the principle of due process, the plea called it a "lawless state of affairs".
The petitioner, therefore, sought a direction to the authority and its officials concerned to restore the petitioner's property and pay "exemplary compensation" to him.
The plea also sought prosecution of those responsible for the demolition and violating the directions of the apex court.
While passing the verdict on demolition of properties, the apex court on November 2024 clarified the directions won't apply to unauthorised structures in a public spaces such as roads, streets, footpaths, abutting railway lines or a river or water bodies apart from cases where there was a court order for demolition.
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UP: Govt hospital staff booked for sexually assaulting woman in pretext of ultrasound test
Gorakhpur (PTI): A hospital employee was booked for allegedly sexually assaulting a woman in the pretext of an ultrasound test here in the district women's hospital, police said on Saturday.
According to the complaint, the woman, a resident of the Gulriha area, visited the district women's hospital on Thursday morning for an ultrasound test.
She was directed to a room, where Abhimanyu Gupta was conducting ultrasounds. When her turn came, the accused allegedly stared at her and told her to remove all her clothes, claiming it was necessary for the test and that a massage would also be required, she said.
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The woman alleged that once she complied, the accused began making obscene advances and tried to force himself on her. When she screamed, he allegedly gagged her, abused her and threatened to kill her before pushing her out of the room.
She said her complaints within the hospital went unheard, forcing her to approach the police.
Taking cognisance of the complaint, the hospital administration constituted a three-member inquiry committee, officials said.
Senior consultant (paediatrics) Dr Jay Kumar said, "The woman has levelled serious allegations against a staff member. Senior officials have been informed, and a departmental inquiry is underway. Strict action will be taken if the charges are proved."
Kotwali Station House Officer Chatrapal Singh said a case has been registered, and efforts are on to nab the accused.
