In a stern rebuke to the local authorities, the Uttarakhand High Court on Friday ordered the Nainital Municipality to withdraw an illegal encroachment notice served to Usman, an accused in a minor’s rape case, and directed officials to issue him an unconditional apology.
The court termed the municipality’s action “inappropriate” and criticised the violation of procedural norms. Usman’s counsel, Dr. Kartikeya Hari Gupta, argued that the eviction notice contravened Supreme Court guidelines requiring a 15-day notice period prior to any demolition. Instead, only three days were given, despite Usman being in judicial custody.
“The notice violated clear Supreme Court directives mandating a 15-day period before any encroachment removal, whereas the Municipality had provided only three days, and the accused was currently in jail,” said Advocate Gupta. He also pointed out that dozens of other residents from the same area had received similar notices.
Gupta also informed the bench that several other residents from the same locality had received similar short-notice eviction orders.
The case was heard by a special bench comprising Chief Justice G. Narendra and Justice Ravindra Maithani. Senior Superintendent of Police (SSP) Nainital, Prahlad Narayan Meena, appeared via video conferencing, while two executive officers from the Nainital Municipality were present in court. The municipality admitted to procedural lapses and confirmed it would retract the notice.
The High Court also expressed displeasure over the unrest in Nainital following Usman’s arrest. It admonished the police, including the SSP, for failing to maintain order and stressed that sensitive cases must be handled with due diligence and restraint.
The next hearing is scheduled for May 6. The police and municipal authorities have been directed to submit a compliance report.
While most shops are open, the usual hustle and bustle remains absent. According to sources, businesses belonging to a specific community were allegedly vandalised by Hindu organisations on Thursday. Sources also revealed that a section of Anjum Islamiyat, buoyed by the court's verdict, is contemplating approaching the High Court to seek compensation for the damages suffered during the vandalism.
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