In a significant intervention, the Supreme Court of India on Thursday ordered an immediate halt to the demolition of Aiwan-e-Farhat, a prominent marriage hall in Bareilly, Uttar Pradesh. The apex court granted a seven-day relief to the owners, Farhat Jahan and her husband Sarfaraz Wali Khan, directing that no further demolition should occur until they approach the Allahabad High Court.
A Race Against the Bulldozers
The order came as bulldozers operated by the Bareilly Development Authority (BDA) were in the midst of their third consecutive day of demolition work. The drive targeted structures allegedly built illegally. While another hall in the vicinity had already been razed to the ground, a significant portion of Aiwan-e-Farhat was being torn down when the Supreme Court's directive was issued.
"Our only hope now is that the rooms where our families live are spared," said Saif Wali Khan, the son of the owners, encapsulating the family's distress. The family claims the property has a long history, dating back to 1948, and was purchased by them in 1991. Saif questioned the sudden action, stating, "I don't understand how such an old property can suddenly be called illegal."
Legal Battle and Allegations of Procedural Lapse
The husband-wife duo had urgently approached the Supreme Court under Article 32 of the Constitution, which allows citizens to seek the top court's intervention for the protection of fundamental rights. However, a bench comprising Justices Vikram Nath and Sandeep Mehta declined to entertain the plea on these specific grounds. Instead, they directed the petitioners to seek remedies before the Allahabad High Court.
The bench stated, "We grant interim protection for a one-week period from today, and until December 10, status quo shall be maintained..." They clarified that this interim relief should not influence the High Court's consideration of any future stay request.
The family's lawyer, Vaibhav Mathur, highlighted serious procedural flaws. He alleged that the BDA did not follow the mandatory rule of serving a 15-day notice before taking action. "We came to know of the impending demolition only when SSP Bareilly received a communication from BDA requiring police force to begin the act," Mathur said. He further claimed that the BDA could not even produce the 2011 order it cited as the basis for the demolition.
Broader Context and Political Undertones
The BDA has maintained that the demolitions are based on long-pending orders issued in 2011. However, sources close to the Khan family suggested that Sarfaraz Wali Khan might be targeted due to his reported close association with jailed former Uttar Pradesh minister Azam Khan.
This demolition drive follows a period of unrest in Bareilly on September 26 during protests linked to the ‘I love Muhammad’ campaign. Subsequently, police intensified action against local cleric Tauqeer Raza, who is accused of instigating violence, and his associates. The district administration has:
- Registered multiple cases for incitement and unlawful assembly.
- Sealed several properties.
- Launched probes into alleged benami assets.
- Carried out drives targeting structures linked to his network.
The Supreme Court's one-week reprieve offers a crucial window for the owners to present their case in the High Court. The future of the Aiwan-e-Farhat property now hinges on the legal proceedings set to unfold in Allahabad, as the debate over due process, property rights, and administrative action continues.
