SC Came Against Extra Judicial Property Demolition and Stayed Bulldozer Culture
EC News Desk
17/09/2024
Temporary ruling clamps down on bulldozer justice; Court warns police and administration against acting as the judiciary. Jamiat president welcomes it.
President of Jamiat Ulama-e-Hind, Maulana Mahmood Asad Madani, welcomed the Supreme Court verdict that has placed a stay on bulldozer operations across the country until October 1st, except in cases involving public roads, sidewalks, railway tracks, and water bodies. The Court clarified that the notion of “bulldozer justice” is unacceptable. The ruling was delivered during a hearing of a petition filed by Maulana Mahmood Asad Madani, President of Jamiat Ulama-e-Hind, and Secretary Maulana Niaz Ahmed Farooqui in Writ Petition (Civil) No. 295 of 2022 (and connected matters).
Maulana Madani noted that an environment has been created where bulldozers are perceived as symbols of justice, violating constitutional rights and judicial processes. “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.” He further added that a civilized 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.”
Today, a bench of Justices B.R. Gavai and K.V. Viswanathan passed this direction in a petition challenging the alleged actions of various state governments demolishing the buildings of persons accused of crimes as a punitive measure. The Court posted the matters for the next hearing on October 1. Solicitor General of India Tushar Mehta raised objections to the Court’s order, saying that the hands of statutory authorities can’t be tied in this manner. However, the bench refused to relent, stating that “heavens won’t fall” if the demolitions are stopped for two weeks. “Stay your hands. What will happen in 15 days?” Justice Gavai remarked.
The bench said that it had passed the direction invoking its special powers under Article 142 of the Constitution. “Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” Justice Viswanathan emphasized during the brief hearing.
“We made it clear we won’t intervene in cases of unauthorized construction, but the executive cannot act as the judiciary,” Justice Gavai said.
The bench questioned why the properties were suddenly demolished in 2024. Expressing its intent to lay down guidelines to prevent the misuse of power to demolish unauthorized constructions, Justice Viswanathan said, “Until the next date, there should be a stay on demolition without the leave of the court.”
Solicitor General Mehta argued that a “narrative” was being built that a particular community was being targeted. Justice Viswanathan responded, saying that “outside noises” were not influencing the Court. “We won’t get into the question of which community at this point. Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” he added.
The bench also noted that after its last order (where it expressed its intention to lay down guidelines), certain statements were made by Ministers. “After the order, there have been statements that bulldozers will continue…” Justice Gavai said.
“After the 2nd of September, there has been grandstanding and justification. Should this happen in our country? Should the Election Commission be notified? We will formulate directives,” Justice Viswanathan asserted.
It may be recalled that on the last date, the Court had expressed its intention to lay down pan-India guidelines to address concerns that authorities in several states were resorting to the demolition of houses of persons accused of crimes as punitive action. To this end, parties were asked to submit draft suggestions, which could be considered by the Court. Following the order, Jamiat Ulama-e-Hind submitted its suggestions.
Key Points of Jamiat Ulama-e-Hind’s Proposed Guidelines:
Authorities or municipal bodies must appoint officers accountable for responding to courts or relevant authorities regarding demolitions.
These officers should report to divisional commissioners or equivalent officials.
Before deciding on demolitions, a survey must be conducted to determine the legality of properties.
A list of properties selected for partial or complete demolition must be prepared.
Property owners must receive written notice 60 days before demolition, outlining reasons, and served through registered post and online platforms.
Notices should be issued in local languages, and appeals must be allowed within 15 days.
No demolitions should target individual properties without a comprehensive review of the entire area’s illegal constructions.
Case Title: Jamiat Ulama-e-Hind v. North Delhi Municipal Corporation | Writ Petition (Civil) No. 295 of 2022 (and connected matters).
