Mohd. Haroon And Others v. Union Of India And Another

Factual and Procedural Background

This order arises in Writ Petition (Crl.) No. 206 of 2013 (taken on board) along with other connected writ petitions and proceedings. The State of Uttar Pradesh reported that it had filed nine reports concerning an incident, describing steps taken and follow-up action. During hearing, the Court was informed of a government communication, Proceeding No. 118.Six-P.C.V.C-13-15(20) 2013 dated 26-10-2013, issued by the Secretary, Government of Uttar Pradesh, to the Commissioner, Saharanpur.

The Court was also informed that as of filing of the Eighth Report (18-11-2013), 5024 persons were still residing in State-arranged camps. Notice was issued in WP (Crl.) No. 206 of 2013, and counsel accepted notice on behalf of Respondents 1, 3, and 4. The Union of India’s affidavit dated 21-11-2013 was taken on record, and the matters were directed to be listed on 12-12-2013.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

• The opinion does not contain a detailed account of the parties' legal arguments.

However, it records that the petitioners’ counsel objected to directions that were stated to be for rehabilitation of a particular community (Muslim families) alone, and that the State’s Senior Counsel agreed to recall and reissue the proceedings to cover all affected persons.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court addressed two principal matters based on what was brought to its notice during hearing:

• Rehabilitation communication: Upon the petitioners’ counsel pointing out that the 26-10-2013 proceeding appeared to direct rehabilitation for a particular community alone, the Court noted the State’s Senior Counsel’s agreement to recall that communication and to have the authority reissue proper proceedings covering all affected persons. The Court recorded this statement.
• Conditions in relief camps: Taking note that a sizeable number of persons were still in camps (5024 as per the Eighth Report) and considering winter climatic conditions, the Court directed the State Government to provide necessary assistance/materials to all affected persons residing in the camps.

The order also reflects case-management directions: the State was directed to file responses in specified connected matters by the next date of hearing; the Union of India’s affidavit was taken on record; and petitioners were directed to take effective steps to serve unserved respondents.

Holding and Implications

NOTICE ISSUED in WP (Crl.) No. 206 of 2013, with notice accepted for Respondents 1, 3, and 4; connected matters to be listed on 12-12-2013.

• The Court recorded the State’s statement that it would recall the 26-10-2013 communication and reissue appropriate proceedings addressing rehabilitation for all affected persons.
• The State Government was directed to provide necessary assistance/materials to all affected persons residing in the camps, in view of the continuing camp population and winter conditions.
• The State of U.P. was directed to file its response in specified writ petitions/SLP and related criminal miscellaneous proceedings by the next hearing date.
• On compensation for tractors, sugarcane crops, tubewells, and other agricultural products, the Court recorded the State’s agreement that applications/representations to the concerned District Magistrate would be considered.

The direct effect is to ensure broader, non-exclusive rehabilitation measures, immediate support for camp residents, and completion of pleadings/service steps before the next hearing. The order does not indicate that any new legal precedent was set.