No demolitions till Oct 1: SC stops bulldozers
The Supreme Court of India Tuesday paused till it hears the matter on October 01, 2024, the demolition of private properties, also slamming once again the brazen act glorified as “bulldozer justice”
New Delhi: The Supreme Court of India Tuesday paused till it hears the matter on October 01, 2024, the demolition of private properties, also slamming once again the brazen act glorified as “bulldozer justice”.
"There shall be no demolitions till next date without seeking leave of this court”, the SC bench of Justice BR Gavai and Justice KV Viswanathan said.
“However, such order would not be applicable for unauthorised construction on public streets, footpaths, abutting railway lines or public spaces," the court order reads.
'Stay your hands'
The government that was represented in the apex court by Solicitor General Tushar Mehta objected arguing that the order would impact legally sanctioned demolitions.
The SC bench however was not convinced.
"The heavens won't fall if we ask you to hold your hands till (the) next hearing”, the Supreme Court said.
"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 Supreme Court which has already denounced the demolition of properties, in majority of cases of Muslims, during the last two hearings, also warned against "grandstanding" and "glorification" of the bulldozer action.
The bench noted that after its last order - where it expressed its intention to lay down nationwide 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.
Jamiat welcomes SC ruling
The SC ruling today came in response to a batch of petitions that 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.
Jamiat Ulema - one of the petitioners welcomed the SC stay on bulldozer acrions.
"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", Jamiat President Maulana Mahmood Asad Madani said.
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", he said.
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