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The Supreme Court of India, in a recent ruling, refused to entertain a plea alleging contempt of its order regarding the demolition of properties by authorities in Uttarakhand, Rajasthan, and Uttar Pradesh. The court, comprised of Justices B R Gavai, P K Mishra, and K V Viswanathan, deemed the petitioner, who was not directly or indirectly affected by the alleged demolitions, ineligible to file the plea. They stated that they were not willing to open a 'Pandora's box' and that any individuals directly impacted by the demolitions should approach the court themselves.
The petitioner's counsel argued that the authorities in Haridwar, Jaipur, and Kanpur had demolished properties in defiance of the Supreme Court's previous order, which explicitly stated that no demolition could be carried out without the court's permission. The counsel alleged that in one instance, a property was demolished shortly after an FIR was registered. The counsel cited the Supreme Court's unambiguous order prohibiting any demolition without its approval.
The Additional Solicitor General, K M Nataraj, representing the Uttar Pradesh government, countered the petitioner's claims, asserting that the petitioner was a third party with no personal knowledge of the facts and that the authorities had merely removed footpath encroachments. He further stated that the petitioner's case was based solely on media reports. The Supreme Court's decision to refuse the contempt plea highlights the court's focus on ensuring that only directly affected parties have the right to seek legal redress. It also underscores the importance of following due process and obtaining proper authorization before carrying out any demolitions.