TCN News
In a significant development, the Supreme Court of India onSeptember 17 issued a nationwide stay on bulldozer demolitions until October 1, 2024. The order came in response to a batch of petitions – highlighting concerns about alleged misuse of demolition drives and “bulldozer justice”.
The Association for Protection of Civil Rights (APCR) and the Jamiat Ulama-i-Hind (JuH) are among the petitioners, seeking pan-India guidelines to ensure due process, prevention of arbitrary actions and securing justice for victims of bulldozer demolitions. These guidelines aim to standardise procedures and safeguard against the alleged misuse of executive power.
“We successfully intervened in the Supreme Court to pause nationwide bulldozer demolitions, targeting marginalised communities. Victims like Rashid Khan from Udaipur and Mohammad Hussain from Jaora have bravely highlighted the misuse of executive power, pointing out that these punitive demolitions were carried out based on mere allegations,” the APCR said in a statement.
JuH President Maulana Mahmood Madani too welcomed the apex court’s decision, highlighting the significance of the ruling in addressing concerns about executive “overreach” and protecting vulnerable populations.
“An environment has been created where bulldozers are perceived as symbols of justice, violating constitutional rights and judicial processes,” the JuH said in a press release. “We commend the Court for taking notice of irresponsible statements made by government ministers, and we demand that such statements be immediately halted to uphold the rule of law and prevent the misuse of authority.”
It further added a civilised nation cannot allow entire communities to be punished under any circumstances. “Even in general cases, bulldozers come and demolish houses where elderly and bedridden people live. They are entirely punished; and after that, the narrative is built that criminals have been punished through statements from BJP ministers and the media.”
The Supreme Court’s ruling stipulates that demolitions may only proceed if they involve public roads, water bodies or railway lines and must be authorised by the court. The court has emphasised that detailed directives on the legal framework and procedures for property demolitions under municipal laws will be provided soon.
The Supreme Court’s intervention follows recent high-profile cases where municipal authorities used bulldozers to demolish properties allegedly connected to criminal activities or legal disputes. A notable case involved a threat from municipal authorities in Gujarat to demolish a family’s home linked to an FIR, which has drawn significant attention and criticism.
Last week, the SC bench comprising justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti condemned the practice of “bulldozer justice”, emphasising that such actions undermine the rule of law and the principles of justice. The court’s decision underscores its commitment to ensuring that demolitions are conducted in accordance with legal norms and protections.