India's top court halts Delhi demolitions ordered after sectarian violence in Jahangirpuri

Civic body sent bulldozers to raze 'illegal' structures in mainly Muslim locality where clashes broke out during Hindu procession

Police on guard as a bulldozer demolishes 'illegal' structures in a residential area of Jahangirpuri in New Delhi on April 20, 2022. AFP

India’s Supreme Court halted a demolition drive by civic authorities in the Muslim-dominated northern part of the capital on Wednesday amid allegations that they were ordered as retribution against religious minorities after sectarian violence last week.

The North Delhi Municipal Corporation sent bulldozers early on Wednesday to raze “illegal” constructions in the Jahangirpuri area, where clashes erupted during a religious procession by a Hindu far-right group on Saturday. TV footage showed them demolishing structures adjoining a mosque as hundreds of policemen stood guard.

The corporation, controlled by Prime Minister Narendra Modi's Hindu nationalist Bharatiya Janata Party, said the drive was to remove “encroachments”.

But lawyers for two Muslim organisations told the Supreme Court the drive was “punitive” and “unconstitutional” because due process was not followed.

“This is about a completely unconstitutional and illegal demolition which has been ordered in the Jahangirpuri area, where riots took place last week. No notice has been served,” said Dushyant Dave, representing Islamic clerics' body Jamiat Ulama-i-Hind.

The court issued a status quo order and listed the matter for a detailed hearing on Thursday, along with another petition by Jamiat Ulama-i-Hind that sought a nationwide ban on similar demolitions targeting Muslims after sectarian violence.

The clashes in Jahangirpuri broke out during a procession organised by the right-wing group Bajrang Dal to celebrate the birth anniversary of Hanuman, the Hindu monkey god.

Muslim residents claimed that the participants, some of them brandishing swords, baseball clubs and country-made pistols, tried to desecrate a mosque, triggering clashes and arson.

At least 25 people were arrested, the majority of them Muslims, and at least nine people were injured, including eight policemen.

Police said the violence was brought under control within hours.

Late on Tuesday, the North Delhi Municipal Corporation announced a “special joint encroachment removal action programme” in the locality, similar to recent action taken by authorities in other BJP-ruled areas of the country.

Dozens of homes and shops belonging to Muslims were demolished in Madhya Pradesh and Gujarat states in recent weeks after sectarian violence during Hindu religious processions.

The demolition order in New Delhi was issued hours after the local BJP leader, Adesh Gupta, wrote to the civic body asking it to demolish properties belonging to “rioters”.

“The illegal encroachments and constructions done by these rioters should be identified and bulldozers run over these encroachments,” Mr Gupta wrote.

Government critics and Muslim activists accuse the BJP of using demolitions to target the minority community and appease its right-wing vote bank.

“This is a demolition of India’s constitutional values. This is state-sponsored targeting of [the] poor and minorities. BJP must bulldoze the hatred in their hearts instead,” Rahul Gandhi of the opposition Congress Party tweeted.

Sectarian tensions have increased after students in the BJP-ruled southern state of Karnataka were banned from wearing the Muslim headscarf to class earlier this year.