Uttarakhand HC blocks demolition notice issued to man accused in Nainital rape case
The bench said that SC orders barring illegal punitive demolitions cannot be violated and told the authorities to apologise to the petitioner.

The Uttarakhand High Court on Friday ordered the Nainital municipal authorities to withdraw a demolition notice issued to a man arrested for allegedly raping a 12-year-old girl, The Indian Express reported.
The court also directed the authorities to issue an unconditional apology to the 65-year-old man, The New Indian Express reported.
The person accused of the crime, identified as Usman, worked as a contractor and allegedly raped the minor on April 12 after luring her with money, according to reports. A first information report was registered in the matter on Wednesday night under the Protection of Children from Sexual Offences Act and he was arrested.
Communal clashes broke out in the resort town on Wednesday night. A group of men from the Hindu community vandalised shops and eateries belonging to Muslims in the area where Usman’s office is located.
The mob also threw stones at a mosque, shouted anti-Pakistan slogans and damaged several vehicles, PTI had quoted unidentified police officers as saying.
In the demolition notice, the authorities had asked the man to remove allegedly illegal structures from his home within three days or face action, according to India Today. Several other persons in the area where the house is located also received the notice.
On Friday, the division bench of Chief Justice G Narender and Justice Ravindra Maithani said that it was “issuing contempt” and taking up the matter seriously. The bench was hearing a petition filed by the wife of the man challenging the demolition notice.
“You [municipal council] cannot violate a Supreme Court order; it was not passed aeons ago,” The Indian Express quoted the bench as having said. “Whoever it is, whatever it is, the Supreme Court has been very clear: if you want to demolish a house, what is the procedure?”
There are no provisions in Indian law that allow for the demolition of property as a punitive measure. However, the practice has become commonplace in Bharatiya Janata Party-ruled states.
In November, the Supreme Court held as illegal the practice of demolishing properties of persons accused of crimes as a punitive measure. It said that processes must be followed before removing allegedly illegal encroachments.
The advocate representing Usman argued that the notice had been served in violation of the Supreme Court’s guidelines, which mandate a 15-day wait before encroachments can be removed.
The counsel for the municipal authority accepted that issuing a three-day notice was an error and that it would be withdrawn.
On Friday, another bench of the High Court took suo motu cognizance of the communal tensions in Nainital and directed the police to prevent gatherings and maintain law and order.
The police should issue appeals to people and carry out more patrols to ensure that no violence occurs, the bench said.