By Arun Pratap Singh
Nainital, 2 May: The Uttarakhand High Court has stayed the demolition of the house of Mohammad Usman, the accused in the alleged rape of a 12-year-old minor Hindu girl in Nainital. It may be recalled that the Nainital Nagar Palika had earlier issued notices to Usman and several others residing in the Rukkut area, asking them to vacate their homes. The next hearing in the matter is scheduled for 6 May.
Following the High Court’s order, the Nagar Palika has withdrawn the notice issued to Usman and others for removal of encroachments. The municipality admitted to procedural lapses and acknowledged that it did not comply with the Supreme Court’s guidelines on eviction notices. The High Court directed both the police and the Nagar Palika to submit a compliance report on the next date of hearing. It also summoned the Advocate General, Chief Standing Counsel, Joint Magistrate, and Executive Officer of Nagar Palika to remain present during the hearing.
During the hearing in the case, Usman’s counsel, Dr Kartikeya Hari Gupta, had challenged the notice in the High Court, arguing that the Supreme Court mandates a minimum of 15 days’ notice before the removal of encroachments. In this case, the Nagar Palika had issued only a three-day notice, despite the accused being in judicial custody. The counsel further submitted that notices were served to several other residents of the area, constituting contempt of the apex court’s directives.
A special bench comprising Chief Justice G Narender and Justice Ravindra Maithani heard the matter. During the hearing, Nainital SSP Prahlad Narayan Meena appeared through video conferencing, while municipal officials appeared in person. The Court questioned the Executive Officer on how the municipality suddenly concluded on 1 May itself that the house was on illegal land. The EO had to admit the lapse and informed the court that the notice would be withdrawn.
The High Court also expressed displeasure over the law and order situation following the arrest of the accused and reprimanded senior police officials, including the SSP. The bench remarked that people appeared ready to attack each other while the police remained passive. The court also observed that neither senior police officers nor the administrative heads were present at the scene for hours.
The bench also questioned the police’s handling of the situation when the accused was produced before the POCSO court in Haldwani, where some lawyers allegedly manhandled the accused. The Court asked what was the need for such protests when the accused was already in custody.
Following the 30 April incident, angry locals had surrounded the police station demanding the arrest of the accused. Protests soon escalated into clashes and vandalism. Yesterday, a complete bandh was observed in Nainital. In response to public outrage, the municipality issued a notice to demolish Usman’s house, which was subsequently challenged in the High Court.
It may be recalled that on the night of 30 April, Mohammad Usman, a 70-year-old contractor, was accused of raping a 12-year-old girl in Nainital city. The incident sparked widespread protests, shop closures, and violent demonstrations. The police later arrested the accused and sent him to jail under relevant sections of the POCSO Act. The High Court’s stay order has now paused the municipal action against Usman’s property at least for the time being.
