Uttam Nagar murder: No coercive action till next hearing, court tells MCD after home of accused partly razed
The Delhi High Court on Tuesday orally directed the Municipal Corporation of Delhi (MCD) that it should not take any coercive action by demolishing residences of the accused in the Uttam Nagar murder case or those in the vicinity until the next hearing on Wednesday.
Twenty-six-year-old Tarun Kumar was beaten to death last week amid a brawl on the day of Holi with neighbours in West Delhi’s Uttam Nagar. On Sunday, civic authorities demolished parts of a house belonging to the main accused, Umardeen (49), and his son Muzaffar (25).
The court’s remarks on Tuesday came as two petitions — expressing apprehension of further demolition — were heard. The petitions came up before the court around 4:10 pm on Tuesday after the petitioners requested Chief Justice DK Upadhyaya for urgent listing of the matters earlier in the day.
While MCD, through its counsels Siddhant Nath and Amaan Khan, submitted that there is no urgency in the matter, given that the demolition took place on March 8 and the petitioners have only moved court on March 10, Justice Amit Bansal, addressing the MCD’s counsels, orally said, “…Nothing should happen between 4 pm today and when it’s taken up tomorrow.” The court has, however, not passed any order to this effect in writing. Two petitions have been filed, through advocate DIvyesh Pratap Singh, apprehending the demolition of their residences in the A-block of the JJ Colony in Uttam Nagar. One of them has been filed by Jarina, the mother of a co-accused in the case, who has alleged that her house, where her family has been residing for over 40 years, was broken into. The other petition has been filed by Shahnaz, whose residence is situated in the “immediate vicinity of the demolished house”.
“The demolition carried out by the municipal authorities has created an atmosphere of terror and insecurity in the locality, giving rise to a genuine apprehension that the house of the Petitioner may also be demolished without following due process of law,” the petitioners submitted, while adding that “… certain religious groups and anti-social elements have been extending threats” to the petitioners, warning them “of serious consequences.”
A total of 16 persons have been apprehended in the murder case so far, including two minors.
The MCD had told The Indian Express on March 8 that the demolition was carried out as the structure was an encroachment on a drain and its removal was necessary for desilting of the drain ahead of monsoon.
