Supreme Court for pan-India guidelines to stop 'bulldozer actions'
The Supreme Court of India Monday September 02, 2024 gave indication of framing a nationwide guidelines to stop 'bulldozer actions' fast becoming a norm in various states, especially the ones ruled by the Bhartiya Janata Party (BJP)
[Image for representation]
New Delhi: The Supreme Court of India Monday September 02, 2024 gave indication of framing a nationwide guidelines to stop 'bulldozer actions' fast becoming a norm in various states, especially the ones ruled by the Bhartiya Janata Party (BJP).
A bench comprising Justices BR Gavai and KV Viswanathan while hearing a batch of petitions challenging the "bulldozer actions" in various states also said a home should not be demolished just because it belonged to an accused or convict.
"How can a house be demolished just because he is accused? It can't be demolished even if he's convict..", Justice Gavai said.
Justice Gavai further said that the court won't protect unauthorised constructions. He however said some guidelines are necessary on the matter.
“We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised are taken care of,” the bench said.
A batch of petitions were filed in 2022 in the wake of demolition drive in Jahangirpuri area of Delhi. The petitions inculded those filed by Jamiat Ulema and CPI-M leader and former MP Brinda Karat.
The SC hearing today was held amid the widesperead anger over the latest bulldozer actions taken in Madhya Pradesh and Uttar Pradesh.
Senior Advocate Dushyant Dave, appearing for Jamiat Ulema urged the apex court to order reconstruction of the demolished homes asserting that demolishing homes infringes on the right to life under Article 21 of the Constitution.
Dave cited egregious examples such as the demolition of a house in Jaipur simply because a Muslim father’s son was involved in a fight at school.
In another instance in Kannauj, Uttar Pradesh, Dave said a poor barber’s shop was demolished just because a video surfaced showing him using his saliva while massaging a customer’s head.
"Where is the justice in this? Under what municipal law can this be considered lawful?" Dave questioned.
Solicitor General of India Tushar Mehta, defending Uttar Pradesh, said that in the cases mentioned in the petition filed against the state government, notices for violations were issued to the persons, and since they did not respond, the unauthorised constructions were demolished following due process as per the municipal laws.
The apex court deferred the matter for further hearing tille September 17.
Commenting on the SC observation made today, Jamiat Ulema said, "bulldozers do not deliver justice; they destroy it."
"When a house is demolished, the entire family suffers, not just the accused. How can we talk about protecting women while simultaneously demolishing 150,000 houses in recent years, leaving women, children, and the elderly to suffer the most?" Jamiat President Mahmood Madani asked.
"These people, who did nothing wrong, are left homeless, wandering from place to place. What kind of justice system is this?" he asked.
Maulana Madani emphasized that not only Muslims but every justice-loving purson in this country is deeply troubled by this trend.
Follow ummid.com WhatsApp Channel for all the latest updates.
Select Language To Read in Urdu, Hindi, Marathi or Arabic.
Post Comments