Police keep vigil after two groups clashed Wednesday night after the family of a minor lodged a rape complaint against senior citizen, in Nainital. File

Coming down heavily on the local administration in Nainital for not obeying the Supreme court’s guidelines in the matter of removal of encroachments and demolitions, the Uttarakhand High Court on Friday (May 2, 2025) ordered the authorities concerned to withdraw the demolition notice issued against the house of Usman, a 72-year-old man, accused of raping a 12-year-old girl. The High Court also reprimanded the police for failing to control law and order situation in the hill town and added that the callous approach of the administration and police has fuelled the situation.

To mention, putting a break on frequent ‘Bulldozer actions’ being taken by a few States, the top court in November last year laid down guidelines regarding demolition of people’s homes and private properties. The rules include 15 days’ prior notice of demolition to the occupants, a fair hearing opportunity and videography of the final demolition.

The matter was heard by the Bench of Chief Justice G. Narendra and Justice Ravindra Maithani who asked the civic body in the town that why a contempt action should not be taken against them as they have failed to fulfil the guidelines laid down by the Supreme Court in cases of demolitions.

“You all go on rampage like this… what is this. The public may get emotional but can the administration get emotional…. how many police are you going to keep…. if the administration starts acting like this, take it from us that there will be a day when policeman will be assaulted on the roads,” the court orally observed.

The civic body official immediately issued an unconditional apology in the court and submitted that all the 63 notices issued against the accused will be withdrawn immediately.

“If we have to proceed, we will proceed in accordance with the guidelines laid by the SC,” the official added.

During the hearing, Senior Superintendent of Police, Nainital, Prahlad Narayan Meena, was also asked by the HC about why police failed to maintain law and order situation in the town which is flooded with tourists.

“How will you explain that the accused was seen manhandled by the mob inside the court, even when he is police custody? How will you explain that video in which mob is running rampage and policemen are standing. The infrastructure that was damaged belonged to all. What action have you taken against those policemen,” the HC asked the SSP.

Advocate Kartikeya Hari Gupta, who represented Husna Begum, the 67-year-old wife of the senior citizen who is accused of the rape, argued before the court that the demolition notice came on the very same day the accused was arrested and the house was supposed to be demolished on May 3, even when the head of the family is in jail. He also pleaded before the court that his client is living in that house for the last 20 years and never any notice of encroachment was given to her.

“The present notice has been given as a measure of vengeance as the pressure groups in town are giving a communal colour to it. Since last three days, she has been running helplessly,” Mr. Gupta submitted in the court.

He added that the accused has himself presented to the police, who was later arrested and is in judicial custody. Any forceful demolition of petitioner’s dwelling house, is in violation of the Supreme Court order which has banned such revengeful demolition exercise of the property of the accused of alleged crime.

On May 6, the next date of hearing, the High Court has asked the police and the civic body to submit a detailed report on their compliance with the court’s directions.

Communal tension erupted in Nainital on Wednesday after the minor was allegedly assaulted by the accused. Angry mob ransacked the market, vandalised shops owned by Muslims and vehicles parked on roadsides. Due to the tension amid peak tourism season, the tourists in the hill station remained confined to their hotel rooms as police were conducting peace meetings to maintain law and order situation.