Taking a serious view of the growing trend of delivering ‘bulldozer justice’ in some states, where governments use bulldozers to raze the properties of individuals accused of crimes, the Supreme Court said it would lay down “pan-India” guidelines on the issue. A report by Mudit Mathur
Expressing serious concern over bulldozers being used to demolish the houses of people accused of some crime in some states, the Supreme Court recently said it would lay down “pan-India” guidelines on the issue. The court took a serious view of the growing trend of ‘bulldozer justice’ in BJP-ruled states, where governments have been using bulldozers to demolish the properties of individuals accused of crimes without following proper legal procedures.
While hearing a long-pending plea against the demolition drive in Delhi’s Jahangirpuri area soon after the 2022 riots, the Bench comprising Justices L. Nageshwar Rao and B.R. Gavai initially granted status quo on the grounds of Jahangirpuri at that time issuing notices to the NDMC, the Union government, and the state governments of Madhya Pradesh, Uttar Pradesh and Gujarat in petitions filed by the Jamiat Ulama-i-Hind.
The apex court had to intervene stopping the panicky trend of demolition which saw various states and NDMC demolishing many structures using bulldozers, allegedly, without following due process of law in the name of removing illegal encroachments that by and large belong to targeted religious minorities. The court took a serious view on non-compliance of its orders in the continuing demolition drive by NDMC in the Jahangirpuri area where communal riots broke out on “Hanuman Jayanti” processions in 2022 disturbing the peace and harmony of the region.
Since Justice Rao retired, the matter came up before a bench headed by Justice B R Gavai after more than two years for a final hearing. “It is a settled position of law. How can anybody’s house be demolished only because he is an accused? Even if he is a convict, it can’t be razed without following the procedure prescribed by law,” Justice Gavai questioned.
“We propose to lay down certain guidelines on a pan-India basis so that the concerns with regard to the issues raised are taken care of,” said the bench, which comprised Justice K.V. Viswanathan. The bench also invited suggestions from the concerned parties for the proposed guidelines.
The bench, however, made it clear that it would not protect unauthorised constructions. “Every municipal law has a provision for demolition of unauthorised construction. We are not going to protect any unauthorised construction or encroachment on public roads, not even the temples on the public road,” Justice Gavai clarified.
