Supreme Court Issues Notice on Contempt Plea Against Assam Government Over Demolitions, Orders Status Quo

The Supreme Court of India on Monday called for a response from the Assam government and other relevant parties regarding a contempt plea that accuses them of violating the court’s prior directive against property demolitions without explicit permission. Justices B R Gavai and K V Viswanathan, presiding over the matter, have also mandated that the status quo be maintained until further notice.

This legal development arises amidst allegations that authorities in Sonapur, Assam, are proceeding with property demolitions despite a clear Supreme Court injunction. On September 17, the Court had explicitly ordered a halt on all demolitions across the country, including those properties linked to individuals accused of crimes, until October 1, pending further court consultation.

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During the hearing, senior advocate Huzefa Ahmadi, representing the petitioners, emphasized the “egregious violation” of the Supreme Court’s orders, arguing for immediate intervention to prevent any further unauthorized demolitions.

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Responding to the concerns raised, the bench decided to issue notices to the involved parties, returnable in three weeks, while reaffirming the need to uphold the status quo in the interim.

The controversy touches on a broader issue highlighted in several pleas currently under the Supreme Court’s consideration, which argue that demolitions targeting the properties of crime suspects are occurring in multiple states. The Court had previously noted that even a single instance of unlawful demolition contradicts the foundational ethos of the Constitution.

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In detailing the parameters of its previous directive, the Supreme Court had clarified that its order does not apply to the removal of unauthorized structures in public areas, such as roads, streets, footpaths, near railway lines, or water bodies, nor does it affect demolitions ordered by a legal court.

These proceedings are part of a larger case brought forth by the Jamiat Ulama-i-Hind among others, which seeks to ensure that no property demolitions are carried out without due legal process, particularly those belonging to individuals accused in rioting and violence cases.

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