The Court had previously disapproved of 'bulldozer justice' and warned against its glorification. Reactions to the order have been positive, urging accountability.
Published Sep 17, 2024 | 7:41 PM ⚊ Updated Sep 17, 2024 | 7:44 PM
Supreme Court (iStock)
The Supreme Court on Tuesday, 17 September, temporarily halted all unauthorised demolitions of private property across the country until 1 October. This pause comes as the court prepares to hear arguments against the controversial practice of ‘bulldozer justice,’ where some state governments have been demolishing residential or commercial properties of individuals accused in criminal cases.
The court dismissed the government’s concerns, voiced by Solicitor General Tushar Mehta, that the order could affect legally sanctioned demolitions. Justice BR Gavai and Justice KV Viswanathan remarked, “The heavens won’t fall if we ask you to hold off until the next hearing.”
The Supreme Court, which has already expressed strong disapproval of ‘bulldozer justice’ twice this month, cautioned against the “grandstanding” and “glorification” of this practice. The bench stated, “No demolitions until the next date without this court’s permission,” and hinted that the Election Commission might also face scrutiny if necessary.
In 2022, several petitions were filed with the Supreme Court concerning a demolition drive scheduled for April in Delhi’s Jahangirpuri. Although the drive was stayed, the petitioners sought a declaration prohibiting authorities from using bulldozer actions as a punitive measure.
Among these petitions was one from former Rajya Sabha MP and CPI(M) leader Brinda Karat, challenging demolitions carried out by the former North Delhi Municipal Corporation in Jahangirpuri following communal violence during Shobha Yatra processions in April.
When the case was reviewed in September 2023, Senior Advocate Dushyant Dave, representing some of the petitioners, expressed concerns about the growing trend of state governments demolishing the homes of individuals accused of crimes. He argued that the right to a home is integral to the right to life under Article 21 of the Constitution and requested that the Court mandate the reconstruction of the demolished houses.
Jamiat-Ulama-I-Hind argued that several homes in Jahangirpuri were demolished immediately after the April 2022 riots based on allegations that the occupants had instigated the unrest.
In response, the Supreme Court stated that demolishing a person’s house cannot be justified merely based on accusations.
Justice Gavai noted, “It can’t be demolished even if he’s a convict… demolition can only be carried out in accordance with the law.” Justice Viswanathan added, “A father may have a recalcitrant son, but demolishing the house on this basis is not the right approach.”
The order was welcomed by many, who took to social media to praise the Supreme Court.
AIMIM president, Asaduddin Owaisi took to ‘X’ and said “The Supreme Court judgement on bulldozer injustice is a welcome one. Due process should be followed.”
The Supreme Court judgement on bulldozer injustice is a welcome one. Due process should be followed. State governments have been using bulldozers to inflict revenge, collective punishment & to appease mobs.
— Asaduddin Owaisi (@asadowaisi) September 17, 2024
Samajwadi Party (SP) President Akhilesh Yadav congratulated the Supreme Court, shortly after the order was passed.
“The bulldozer was meant to scare people… to suppress the voice of the opposition. I thank and congratulate the Supreme Court for its decision to stop the bulldozers,” he told reporters.
“एसटीएफ में अगर ऊपर से नीचे अधिकारियों को देखेंगे तो एक ही तरह के अधिकारी पोस्ट है। उनको पोस्ट किया है जो सरकार को खुश रख सके।”
– माननीय राष्ट्रीय अध्यक्ष श्री अखिलेश यादव जी pic.twitter.com/J3TLUbgrvv
— Samajwadi Party (@samajwadiparty) September 17, 2024
Maharashtra MLA Rais Shaikh said “judgement on bulldozer justice is a much-needed step towards curbing the misuse of executive power. Due process must be upheld, and those who abused it must face strict consequences. No more revenge-driven demolitions.”
The Supreme Court’s judgement on bulldozer justice is a much-needed step towards curbing the misuse of executive power. Due process must be upheld, and those who abused it must face strict consequences. No more revenge-driven demolitions. #Bulldozer #SupremeCourt pic.twitter.com/iMbc6J7q2m
— Rais Shaikh (@rais_shk) September 17, 2024
Journalist Aasif Mujtaba demanded action, “This abuse of executive power through Bulldozer terrorism must stop and stern action must be taken against past perpetrators,” he said.
A much needed step finally from the Supreme Court of India. This abuse of executive power through Bulldozer terrorism must stop and stern action must be taken against past perpetrators. #bulldozer @FoejMedia pic.twitter.com/JCGtIhBKF4
— Aasif Mujtaba (@MujtabaAasif) September 17, 2024
(Edited by Ananya Rao)
