Sanjay Hegde interview: ‘Textbook undermining of court in Uttar Pradesh'

The Supreme Court has stayed the execution of a notice issued by the Sambhal Municipal Authority regarding a well near the Shahi Jama Masjid in Uttar Pradesh. It also directed the Uttar Pradesh government to submit a status report within two weeks. The well’s ownership is disputed, with the UP government contending that it is located on government land.

This intervention has been seen as a significant move to check what many perceive as the Yogi government’s communal agenda. Veteran Supreme Court lawyer Sanjay Hegde noted, “This is textbook undermining of the court’s authority. It reflects a pattern of defiance by the state government.”

This is not the first instance where the Supreme Court has stepped in to maintain the status quo in disputes involving religious or public land. Citing the Places of Worship Act, which freezes the status of all places of worship as they existed on August 15, 1947, Hegde emphasized that any attempts to alter such status should be firmly opposed.

The court’s recent stay on housing construction under the Pradhan Mantri Awas Yojana on a disputed land in Lucknow, linked to the family of gangster-turned-politician Mukhtar Ansari, further highlights concerns. “Just because a house is demolished doesn’t transfer property rights to the government,” said Hegde, pointing out flaws in the state’s handling of such cases.

'Pattern in UP'

Observers argue that the Yogi government’s repeated circumvention of court orders indicates a larger pattern. “The Chief Minister’s rhetoric often aligns with undermining judicial authority, whether through municipal notices or other administrative tools,” Hegde said.

In the Sambhal case, for instance, municipal authorities attempted to frame the disputed well as a separate issue, claiming it was government land. The Supreme Court’s intervention comes amid growing calls to uphold judicial authority and prevent misuse of administrative power.

Allahabad High Court Under Fire

The Supreme Court has also slammed the Allahabad High Court for delays in addressing critical cases, including those involving the UP government. "The delays create a culture of non-compliance and obfuscation," Hegde remarked, adding that the High Court must restore its credibility by ensuring timely decisions.

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Upholding Rule of Law

With the next hearing scheduled for February 21, it remains to be seen how the UP government will justify its actions in the Sambhal case. Hegde concluded, “The rule of law is essential for any developed society. Judicial orders must be respected in letter and spirit.” The court’s interventions underscore the judiciary’s critical role in checking executive overreach and maintaining constitutional values.

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