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.
“Why can’t some guidelines… not be laid down? Notice, time period, response, reply, order, time for legal remedy, avoid backdating, some communication with the central secretariat, the nodal agency, and automated reply so that there is no fear. And in taking off from what you have fairly and in a non-adversarial manner said, so that it’s put in position across the states, and directions issued,” remarked Justice Viswanathan.
Solicitor General Tushar Mehta defended the actions of the Uttar Pradesh government, stating that the demolition followed due process of law, adding, ‘It is not as it is being portrayed.’ Mehta agreed with the Bench about the settled position of law leading to the demolition of unauthorised construction.
Arguing for the petitioners, Dushyant Dave maintained that the Delhi demolition drive was initiated after the VHP and Bajrang Dal were denied police permission to carry out a procession. “Is this an unauthorised construction,” he questioned.
The apex court is examining the allegations outlined in the various petitions as to whether the states and its civic bodies have assumed the role of the judge, jury, and executioner, and carrying out demolition drives to punish persons who have not even been found guilty by any process of law – showing total disregard for the settled law as well as the directions of the top court while executing demolitions.
The apex court is examining allegations in various petitions that states and their civic bodies have assumed the roles of judge, jury, and executioner, carrying out demolition drives to punish individuals who have not been found guilty through any legal process, reflecting total disregard for settled law and the directions of the top court in executing demolitions.
Reports of such demolitions by rolling bulldozers have appeared in media from Uttar Pradesh, Madhya Pradesh, Gujarat, Rajasthan and Delhi where allegations of targeted violence against the people belonging to minorities and weaker sections with political overtones have surfaced.
The writ petitions were filed by Jamiat Ulama-i-Hind and many other public personalities including CPM leader Brinda Karat, Advocates Madhu Saran, Rebecca George, Amita V Joseph, Pyoli, Somesh Chandra Jha, Purvish Jitendra Malkan, Aldanish Rein, Mohd. Asad Khan, Adil Sharfuddin, Mary Mitzee Mayne and Sumita Hazarika. They have espoused Public Interest litigation in the interest of the poor persons who have now been rendered homeless or without a source of livelihood. The authorities have used bulldozers to demolish shops, houses and parts of religious places etc. mostly belonging to poor citizens residing there for many decades.
The instances of demolitions that raised the question of legal rationality have been reported from various states drawing national attention. Ironically, such abrupt actions have become a symbol of good governance and have been dubbed as “Bulldozer justice,” which is instantaneously meted to the persons accused of some crime who invariably belong to the minority community.
The issue was raked up in the political discourse during the Lok Sabha poll campaign. Prime Minister Narendra Modi also seemingly endorsed it during the recent Lok Sabha polls. Modi said during a public rally in Barabanki on May 17,2024 “SP aur Congress waale agar satta mein aaye to Ram Lalla ko phir se tent mein bhejenge aur Mandir par bulldozer chalwaadenge. Kya Yogi ji se yahi seekhna hai? Are zara Yogi ji se tuition lo.. bulldozer kahaan chalaana hai kahaan nahin chalaana (If the SP and Congress come to power, they will send Ram Lalla back to the tent and use a bulldozer on the temple. Is this what they have learnt from Yogi Ji? They should learn from him where to use the bulldozer and where not).”
Uttar Pradesh Chief Minister Yogi Adityanath gained popularity after his government machinery conducted many controversial demolition drives and attained the title of “Bulldozer Baba.” In a Robin Hood style, he regained possession of land from the slayed mafia lords and constructed housing for poor people in Prayagraj.
The Uttar Pradesh government used bulldozers to evacuate illegal properties worth Rs. 813 crores from the 25 listed mafia gangs and their 636 associates. Putting them behind bars for criminal offences, the government has confiscated their allegedly ill-gotten immovable properties and released the government land from their illegal possession. These gangs from eastern UP include Atiq Ahmad of Allahabad, Mokhtar Ansari of Mau, Brajesh Singh of Varanasi, Dhurv Kumar Singh of Azamgarh and Khan Mubarak of Ambedkar Nagar.
At an election rally in Mainpuri in February 2022, Adityanath openly threatened his opponents, maintaining that “those getting aggressive would be silenced by bulldozers after the elections”. Soon after the BJP returned to power, the bulldozers were out within a week when houses of some rape accused were demolished to “put pressure on them to surrender”. In June this year, six properties owned by people, named in two separate FIRs in Moradabad and Bareilly districts, were demolished.
In Haryana, Manohar Lal Khattar’s government resorted to “bulldozer justice” after the communal riots erupted during a VHP Yatra in Nuh in July last year resulting in the death of six people. The drive, under which several homes and other structures allegedly belonging to the accused, were demolished triggered an exodus. The Madhya Pradesh Chief Minister Shivraj Singh Chouhan because of a tough election ahead also tried to copy the polarising persona of Yogi Adityanath using bulldozers in April 2022, in the aftermath of the communal clashes in Khargone. His government demolished 16 houses and 29 structures. Soon, Chauhan came to be referred to as “Bulldozer Mama”. The “Bulldozer” model was applied in Rajasthan, Assam, and Delhi too.
