The Nagpur Municipal Corporation demolished portions of alleged riot mastermind Fahim Khan's house. The Nagpur bench of Bombay High Court called the action high-handed and stayed further demolitions. Questions arise over due process and adoption of the 'Yogi model' in Maharashtra. The court directed authorities to respond and scheduled the next hearing for April 15.
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00:00Bulldozers in action in Nagpur.
00:14Illegal portion of a house of right accused, Mohammad Fahim demolished.
00:24Fahim Khan made accused in the Nagpur riots.
00:33Corporation targets Fahim's bungalow.
00:41More bulldozer action to follow.
00:44Supreme Court guidelines flouted.
00:51Yogi model goes to Maharashtra.
00:59Maha bulldozer action on right accused is our top focus on India First.
01:10So the illegal portion of the double storied building of the alleged mastermind of the
01:13Nagpur riots, Fahim Khan, the illegal portions were demolished by the Nagpur Municipal Corporation
01:19earlier today.
01:20At the Nagpur bench of the Bombay High Court, it's come down very heavily on the corporation
01:25action which it described not only as high-handed, it also stated the demolition of the homes
01:31of other accused in this case.
01:34The questions we're asking here on India Today, did the Nagpur Municipal Corporation follow
01:40due process of law?
01:42Is the Yogi model of Uttar Pradesh now the go-to model even in Maharashtra to deal with
01:49alleged criminals, mafia and right accused?
01:52Is there merit in the contention that this is heavily applied, as some argue, against
01:57the minority community, whether in Uttar Pradesh or in Maharashtra?
02:01And does the demolition drive actually deter mafia, criminals, rioters and suspected or
02:08alleged terrorists?
02:09We explore.
02:10I'm Gaurav Sawant.
02:11As always, let's get started with the headlines on India First.
02:20Supreme Court Collegium sends Justice Yashwant Verma back to the parent Allahabad High Court.
02:26But the Allahabad High Court Bar Association seeks the impeachment of the judge.
02:32Parliament takes note of the case.
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02:47Demolition drive inside comedy club used by Kunal Kamra, Uddhav Thackeray defends Kunal.
02:53Comedians call data and bank statements to be assessed by authorities.
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03:07Congress moves privilege motion against Union Ministers Kiran Rijiju and JP Nadda.
03:12Congress says false claims made over DK Shivkumar's constitution remark.
03:23Centre announces 24% salary hike, pension revision for MPs.
03:28Lawmakers to earn 1.24 lakh a month.
03:33US and Russia kick off Ukraine ceasefire talks in Saudi Arabia as attacks continue.
03:39Talks hours after US and Ukraine discuss a potential peace plan.
03:46So days after the riots in Nagpur in Maharashtra,
03:51bulldozers and earth moving excavators arrived sharp at 10 this morning in a locality in Nagpur.
03:58There was over a company strength that's more than a company.
04:04They started shooting from a highway.
04:06Bulldozers and earth-moving excavators arrived sharp at 10 this morning in a locality in
04:12Nagpur.
04:13There was over a company strength, that's more than 120 police personnel deployed according
04:19to local reports.
04:20So there was a DCP, two assistant commissioners of police, 15 inspectors, over 100 constables
04:26and several in right care prepared to deal with any eventuality and then the bulldozer
04:33action began on a two-storied building.
04:37Now this two-storied building, according to the Municipal Corporation of Nagpur, is the
04:42house of the Nagpur riots main accused, Fahim Khan.
04:47Authorities insist there were multiple complaints of rampant illegal construction in the locality.
04:53They carried out a survey, pasted a notice and once that mandatory 24-hour notice period
04:59lapsed, the demolition was ordered.
05:03But the High Court, the Nagpur bench of the Bombay High Court was clearly not impressed
05:09calling the action high-handed.
05:11This comes after Maharashtra Chief Minister Devendra Fadnavis warned that rioters would
05:16be held accountable for damage caused by the violence and the riots.
05:21The opposition continues to target the Devendra Fadnavis led Maharashtra Mahayati government
05:26questioning the deteriorating law and order situation in the state.
05:31There are also those who question the adoption of the yogi model of Uttar Pradesh in Maharashtra.
07:57And the Nagpur bench of the Maharashtra High Court granted a stay on the demolition of
08:03properties belonging not just to the petitioner, including the prime accused Fahim Khan, but
08:08also co-accused and other petitioners including Yusuf Sheikh.
08:13The High Court raised serious concerns regarding the absence of a hearing given to the owners
08:19of the property who are allegedly responsible for the construction of the illegal portion
08:25of the structure prior to the demolition action that was subsequently executed.
08:32So information that we've been able to gather, Fahim Khan's property was demolished prior
08:38to the passing of the High Court's interim order and stay that came earlier this afternoon.
08:45The High Court has directed the government and the municipal authorities to provide a
08:49response not just that.
08:51It stayed the demolition drive that was to be carried out over subsequent days, which
08:57means other accused in this case, including Yusuf Sheikh's house, a part of the balcony
09:04which was illegal, was targeted, but remaining portion we are told now will not be demolished
09:13because of the stay.
09:15The matter is now scheduled for further hearing on the 15th of April.
09:20Let's listen in to the lawyer of Fahim Khan, the main accused in the Nagpur riots case.
09:50So from Mukhtar Ansari to Atiq Ahmed, from Ghulam Muhammad to Fahim Khan, Yogi Adityanath
10:18to Devendra Fadnavis.
10:20Is the Maharashtra government following in the footsteps of the Uttar Pradesh government
10:23to punish alleged criminals, mafia and rioters by demolishing their alleged illegal properties?
10:30The bigger question that we're asking here on India Today is due process of law being
10:35followed.
10:36Is the demolition action in violation of Supreme Court guidelines?
10:39Let's try and make sense of these developments.
10:42Joining me on India First is Sardar R P Singh, National Spokesperson of the BJP, Dr. Vikram
10:47Singh is former DGP of the Uttar Pradesh Police for a legal and police perspective,
10:52law enforcers perspective.
10:53And Syed Asad Abbas joins us as a political analyst.
10:56R P Singh has this boomerang, the Nagpur bench of the Maharashtra of the Bombay High Court
11:03has come down heavily on the Nagpur Municipal Corporation.
11:07It has said that the Nagpur Municipal Corporation action is high handed.
11:12It's also state the demolition of homes of other accused.
11:16The opposition says Bhuldozar action is political.
11:22Gaurav, the process is that you need to issue a notice.
11:27That process was followed.
11:28Notice was issued 24 hours before the demolition and was, a reply was seeked that why your
11:37building should not be demolished, it's unauthorized and illegal.
11:40This is as per the earlier ruling of the Mumbai High Court.
11:46Sorry, Maharashtra High Court.
11:49And this has happened now.
11:50This happened in case of earlier when the Filmstars building was demolished.
11:55It was said that 24 hour notice should be issued.
11:58And the due process was followed.
12:00Now, there are certain people who want to defend such actions.
12:04They can because they are in favor of people who were demolishing people's house.
12:10They were burning, they were targeting people's house.
12:13They were ransacking the properties of the people.
12:16They can be in their support.
12:18But now, the Nagpur authorities will have to go to the higher court or will have to
12:24appeal and go to the court and seek relief on this because this is against the law because
12:33certain law was dictated by the court earlier on this.
12:36Sayyed Asad Abbas respond to RP Singh when he says that there are some people who stand
12:42with criminals, with mafia, with right accused and its politics.
12:47Nagpur Municipal Corporation also insists due process of law was followed.
12:51Survey was done on the 20th of March.
12:53Notice pasted on the 21st of March.
12:5524 hour notice given.
12:57There was no response.
12:58Action was carried out on the illegal portion on the 24th of March, sir.
13:04Firstly, there has been a violation of the Supreme Court's orders.
13:07Let me just quickly read out to my friend from the BJP.
13:10The Supreme Court on Wednesday bench led by Justice Gawai and Justice Vishwanathan lashed
13:16out that states which metamorphose into judges to punish accused persons awaiting trial by
13:23driving bulldozers into their homes indulge in a naked display of might is right without
13:29sparing a thought for families rendered shelterless and destitute overnight.
13:35Not just that, Justice Gawai and Justice Vishwanathan have also spoken of the collective punishment
13:41and they led a binding directives of 15 days.
13:45If there has been illegal encroachment respective, sir, as per the Supreme Court's orders, you
13:50need to give a minimum of 15 days, not 24 hours, sahab.
13:55What if it's happened to you or your family, sir?
13:57Sardarji sahab, aap bataye, kya 24 gante kaafi hai?
14:01This man, Fahim Khan, put him in jail.
14:03Put him in jail.
14:04I will not stop you, sir.
14:05I will be the first one on Gaurav sahab's show.
14:08But the fact is, what about his parents?
14:10What about his children?
14:11What about his family?
14:12What have they done, sir?
14:14Also, one more important point.
14:16One last point.
14:17Sir, let's take it point by point.
14:18Let's take it point by point.
14:19RP Singh, you want to quickly respond to the point that, you know, 24-hour notice not enough.
14:25Supreme Court mandates 15 days at least.
14:28And I'll come to that point in just a moment.
14:30Well, the Supreme Court says demolition without the following due process are unacceptable
14:34and can lead to collective punishment of the families.
14:36Well, the due process which is there as per the Municipal Corporation was followed.
14:41There's a law, there's a Municipal Corporation law.
14:44And that was already followed by the local body.
14:48And now since the court has given an order against that, they will probably go to court
14:51again on a bigger bench and plead for that, that this was as per the law.
14:55Okay.
14:56Can I quickly counter that?
14:57Okay.
14:58I want to bring in Dr. Vikram Singh.
14:59I want to quickly bring in Dr. Vikram Singh and I'll come back to you in a moment.
15:03Dr. Vikram Singh, you know, there's a 17th century English saying, and it's an oft-repeated
15:08proverb, every man's home is his castle.
15:14Every man's home is his castle.
15:15Now, is bulldozer action political?
15:18Is it vendetta against a community as alleged by some?
15:22How do you see the use of bulldozers, whether it's in Uttar Pradesh or now in Nagpur?
15:30Good evening, Gaurav and good evening, gentlemen.
15:32I would say that like any surgery, the bulldozer action, when it is within the ambit of law
15:38and as mandated by the Honorable Supreme Court, it is a justification for all those mafia
15:43and those who have taken law in their own hands and have usurped public property and
15:48priceless government land.
15:50And therefore, a bulldozer action within the ambit of law is absolutely justified.
15:54When I say within the ambit of law and as per the Supreme Court guidelines, this is
15:58exactly how it should happen.
16:00I give you three examples, Gauravji.
16:02One, that an encroachment has happened on municipal land, then there has to be a different
16:07procedure.
16:08Something that happens on the police lines, on railway property, on forest land, blatant
16:14encroachment that is happening right underneath my nose, then an immediate action is required.
16:18A notice is given, a loudspeaker announcement is sufficient for the cause of justice.
16:22And it is not that I give you 15 days, then when you're encroaching on absolute government
16:27land, usurping priceless government land, then it is the right, like it is somebody
16:32Fahim Castle, it is the castle of the railway property, the police department, the forest
16:36department to safeguard their castles and their property and therefore their will within
16:40the rights.
16:41As Sardar R.P. Singhji has said, they can go to a double judgment and say that we probably
16:46did not put up our case appropriately and therefore the Honorable Court has given the
16:50judgment which we solemnly respect.
16:52But when the orders are passed, they have to be scrupulously honored and respected,
16:57whether it is anybody.
16:59And yes, people like Fahim and other pahubaris whom you named, they feel that every government
17:04land is my land and with the tacit, the complicit support of powers that be, they are able to
17:09usurp the land.
17:10And therefore, when they wake up, I would also say, whoever was the person in charge
17:15of the municipality, he should also be taken to task.
17:17Why did he allow this mushrooming of illegitimate constructions to come up in the first place?
17:22They should also be taken to task.
17:24Fair enough, Syed Asad Abbas.
17:26The Uttar Pradesh government had claimed that they had recovered 67,000 acres of land.
17:3367,000 acres of government land was recovered from mafia control and they carried out demolition
17:40and the demolition was a property worth 980 crore and these were reports that were very
17:45widespread.
17:47So when properties, illegal properties of mafia or accused mafia like Mukhtar Ansari,
17:54over 60 cases against him, Ateeq Ahmed, more than 100 cases against him.
17:58Now, when their properties are demolished, it clearly, it clearly would send a message
18:04to criminals to think twice before taking law in their own hands.
18:09Gaurav sahib, absolutely no doubt about it.
18:12You know, these are convicted criminals, sir, that we speak of, be it Mukhtar Ansari or
18:15Ateeq Ahmed.
18:16I'm very glad that as per the due process of law was followed and it came through and
18:21I'm very glad that Vikram Singh sahib, who I've had the honor of debating many times,
18:26also mentioned that yes, this should happen, but under the ambit of the law.
18:29Now, let me again come back to Justice Gawai and Justice Vishwanathan's Supreme Court orders.
18:36There was a 95 page judgment followed petitions representing citizens from several states,
18:41including Uttar Pradesh, Madhya Pradesh, Rajasthan.
18:43The top court in its verdict invoked extraordinary powers under article 142 of the constitution
18:51to issue a slew of binding directives to fasten accountability on public officials.
18:57They include 15 days prior notice of demolition to the occupants.
19:02The notice must provide details of the nature of unauthorized construction and the final
19:07order of the authority must have reasoned conclusions.
19:10The actual demolition must be videographed.
19:13The fact of the matter is, please go ahead.
19:16If this brings revenue to the state, it is going to help.
19:19It is going to bring down criminals.
19:21It is going to stop the rioters.
19:22Go ahead and do it.
19:23But also the court mentions the same order mentioned very important point about the collective
19:30punishment.
19:31They also say with respect to the man who's committed the crime, but what about the father
19:36who is a pious person?
19:38If the son turns out to be a recalcitrant son, why should be the mother, father, kids
19:44be rendered homeless?
19:46What state is this?
19:47Is the state come to a lawlessness order where might is right?
19:50RP Singh respond.
19:51RP Singh respond.
19:52Because what is the urgency?
19:55What is the urgency to demolish within 24 hours?
19:59What is the urgency to demolish within 24 hours of that notice?
20:03You know, as Syed Asad Abbas mentioned, Supreme Court had said certain guidelines and they
20:08include a response period and let me quote, a response period that must align with either
20:15local municipal laws or be a minimum of 15 days from the date of service of notice, whichever
20:21is longer.
20:23Not done in the case of the right accused, Fahim Khan.
20:26No sympathy for an alleged writer.
20:29If he is guilty, hang him.
20:31But shouldn't due process of law be followed, sir?
20:36You yourself said that, as per the municipal law.
20:40Whichever is longer, sir, whichever is longer, Supreme Court binds directive of 15 days.
20:48I never interrupted you, sir, please don't start doing that.
20:55So also, there is a difference between unauthorized construction and illegal occupation.
21:03Municipal corporation or other government authorities have right to vacate the illegal
21:09occupation wherever they are.
21:12And for that, the law is 24 hours.
21:14Yes.
21:15No, no, no.
21:16You're going wrong, sir.
21:17No, do not give misinformation on the show.
21:20Please read the judgment carefully, R.P. Singh, and then let's debate.
21:25Let us hear what the Supreme Court bench has said, sir.
21:2715 days is a binding directive there.
21:31At that point, R.P. Singh, quickly respond.
21:34R.P. Singh, quickly respond.
21:36I never interrupted, sir, please.
21:38I will heckle you more than you can heckle me.
21:40And I'm much more louder voice than yours.
21:43Don't misinform, is all I'm saying.
21:46Gaurav, please.
21:48Issue is, if there is an unauthorized construction, then it's 15 days.
21:52If there's an illegal occupation of government land, then it is as per the law, which has
21:56been followed by the local authorities, local government authorities.
21:59It is a property of the accused.
22:02It is not government land.
22:03How do you know that?
22:04It is a property of the accused.
22:05No, no, Syed Asad, enough.
22:06How does that become government land?
22:07How do you know it is not government land?
22:09Because the municipal corporation says it's illegal construction.
22:13How do you know it is not government land?
22:15Has the BMC mentioned that it is a government land?
22:18Sir, this is home land.
22:19So please cross-check that fact and come back.
22:20It's a private property.
22:21Please.
22:22It's a private property.
22:23It's illegal construction.
22:24It's a private property.
22:25Okay.
22:26Without due process law of law being followed.
22:27But where in the notice is it mentioned that it is government land?
22:28I want to bring in Vikram Singh once again.
22:31Dr. Vikram Singh, the law is to protect the innocent and not shield the mafia with their
22:37best lawyers with an enabling ecosystem.
22:41Are they exploiting every loophole in the system?
22:43And does that demoralize the crime fighters and law enforcers?
22:48Because the law must apply in all its majesty to ensure that there is no next riot that
22:54takes place.
22:55Of course, due process of law has to be followed by the police, by the municipal corporation.
23:00But are we somewhere seeing a system that must also protect the weak and not the mafia?
23:08Absolutely, Gauravji.
23:10You have hit the nail on the head.
23:11Number one, the rule of law is supreme and also the solemn orders passed by the Honorable
23:16Supreme Court are sacred and there can be no question of diluting the instructions given
23:20by the Honorable Supreme Court.
23:22But the orders are very clear.
23:23You would see that in Madhya Pradesh, in Uttar Pradesh, demolitions continue to happen in
23:28spite of the cover fire.
23:29And as you very rightly mentioned, those, the special interest groups who are giving
23:33cover fire to the mafia and those who usurp priceless government land.
23:38I have also personally faced this allegation.
23:40What has the father done?
23:41Where is the father and the children at fault?
23:43Agreed.
23:44I would say that administration and the priorities of the administration are very different.
23:48If the mafia was indifferent to the requirement of his family and his children, it is not
23:53for us to have misplaced compassion for the family.
23:56If he did not have that compassion for his family and the parents, there is no reason
23:59why the administration should have that misplaced compassion.
24:02He erred and crossed the Lakshman Rekha and transgressed the rule of law.
24:06And therefore, the rule of law is supreme and it will come down like a ton of bricks.
24:10Make no mistake about that.
24:11And there are ways and means of doing it.
24:13I will let that be the last word on this part of the show.
24:16There's a big story coming up on the other side of a very short break.
24:19To all my guests, many thanks for joining me.
24:23We'll see you next time.
24:25Bye!
24:26So, crucial India-US trade talks to begin tomorrow.
24:31US Trade Rep Brendan Lynch is on a visit to India.
24:36India likely to seek temporary relief from reciprocal tariff.
24:41Brendan Lynch is the US Assistant Trade Representative for South and Central Asia.
24:46Will pay a five day visit to India beginning Tuesday, days before Donald Trump's tit for
24:52tat tariffs kick in on the 2nd of April.
24:55The senior US trade official is expected to hold talks with Commerce Minister Piyush Goyal.
25:01He'll be meeting a number of senior Indian officials.
25:04It's learnt India's strategy is also hoping to discuss with Lynch the possibility of an
25:12India-centric waiver from reciprocal tariffs, at least as a temporary measure.
25:19As the tit for tat tariffs come into effect on the 2nd of April, the two sides are also
25:23expected to hold negotiations to form up a framework for a bilateral trade agreement
25:29that would address issues relating to the market access and levies.
25:34India of course remains engaged with the US administration at various levels to arrive
25:38at a mutually beneficial trade agreement.
25:42That's what the Ministry of External Affairs has said.
25:45We will track this story very closely.
25:48For more UN videos visit www.un.org