Beawar "Sexual Exploitation" Case: Rajasthan High Court Orders 'Status Quo' On Proposed Demolition Of Properties Of Muslim Accused

The Rajasthan High Court has directed status quo with respect to demolition notices issued to the families of Muslim individuals booked for allegedly sexually exploiting girls in Beawar last month. 

Justice Mahendra Kumar Goyal in his order noted the submissions of the counsel for the petitioners' that they received show cause notices dated February 20 seeking to demolish the petitioners' construction.

"Learned counsel for the petitioners submits that on receipt of the show cause notice dated 20.02.2025 under Section 194 and Section 245 of the Rajasthan Municipalities Act, 2009 seeking to demolish their construction, they have filed their response well in time; but, the respondents are hellbent to demolish their construction without taking a decision on their response," the order notes. 

The court asked the petitioners' counsel to supply a copy of their writ petitions to the office of the Additional Advocate General. The counsel for the respondents sought and was granted time to "complete their instructions".

"List the matters on 11.03.2025 at 2:00 pm as prayed. Till next date, the status quo qua the subject property shall be maintained by the parties," the court directed. 

The plea claims that a press note was issued by the police last month which stated that "5 accused who sexually exploited minor girls by luring them into love affairs through mobile phones have been arrested and 2 juvenile delinquents have been detained". 

Subsequently, the plea claims, notices were issued by the concerned Municipality Executive Officer giving "8 notices by hand selectively" to the houses of accused persons which includes one mosque and one graveyard and the rest six accused residents including the house of the Petitioners  wherein the accused persons reside along with their families.  

The plea claims that the notices asked the noticee to produce the ownership documents, record, and approved map, in favour of his house/building situated in the concerned Municipality, immediately upon receiving of the notice. It was further stated that if noticee failed to produce the ownership document in his favor then the action will be taken under sections 194(1) and 245 of the Rajasthan Municipality Act.

The plea states that the petitioners filed their brief reply on February 21 along with the available documents in the best plausible time apprehending demolition of their houses.

The plea claims that it was evident that the "proposed demolition is punitive". It says that the  defence of “unauthorized construction” is being used as a "ruse to carry out punitive demolition and also to illegally overcome" the directions passed by the Supreme Court its November 13, 2024 in In Re:  Directions in the matter of Demolition of Structures in (WP (C) No. 295/2022) and other connected matters.  

It claims that there is urgency shown by the expression 'immediately after receiving the notice' that has been given to respond to the Notice when the applicants have been occupying the house/shops for decades.

Anything less than 15 days to respond to the notice, is only to ensure a perfunctory “formal compliance with the principle of natural justice and denies reasonable opportunity" and time to the petitioners to seek legal remedy as mandated by Supreme Court Directives, it states.

It further states that 8 notices have been issued in the locality but the "Pick and Choose policy OR Selective Targeting of the State Government and its authorities is apparent" from the "close proximity of registration of FIRs, arrest of the accused, and demolition notices to houses where they reside is just 3 days between 17.02.2025 to 20.02.2025". 

Case title: Sakir and Another v/s State of Rajasthan and Others and batch

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