Supreme Court of India takes a tough stand on bulldozer action, what did the Supreme Court say?

Monday, 2 September 2024

The Supreme Court of India on Monday, 2 September 2024 made a strong comment on the matter of alleged bulldozer action against the property of the accused in many states of India.

A bench of Justice BR Gavai and Justice KV Vishwanath of the Supreme Court said that how can someone's house be demolished just because he is an accused.

A bench of Justice BR Gavai and Justice KV Vishwanath has said that the Supreme Court will set guidelines on the basis of which whenever demolition action is needed, it will be done on that basis.

Justice BR Gavai asked Solicitor General Tushar Mehta, who is representing the government of the state of Uttar Pradesh, "How can someone's house be demolished only on the basis that he is an accused in a case?"

Justice Gavai further said, "Even if a person is guilty, his house cannot be demolished without following the due process of law."

Solicitor General Tushar Mehta, appearing on behalf of the Uttar Pradesh government, said that the action of demolishing any building has not been taken because that person was accused of any crime.

Solicitor General Tushar Mehta said that 'We have shown through affidavit that the notice was sent long ago.'

Tushar Mehta, while explaining in detail, said that the demolition process is an independent matter which has no connection with any crime.

On the other hand, the petitioners' lawyers Dushyant Dave and CU Singh replied that the houses were demolished because they are accused in a case.

The bench, meanwhile, verbally said that there are laws to demolish any building, but it has been seen to be 'violated more often'.

The Supreme Court bench has also clearly said that, "We will set guidelines for the whole country, but this does not mean that we will protect any unauthorized construction.''

The bench has asked both the parties to come to it with suggestions to set guidelines in this matter and the next hearing of this case has been fixed on 17 September 2024.

Leader of Opposition in Lok Sabha Rahul Gandhi has given his opinion on the proceedings of the Supreme Court on Monday, 2 September 2024.

Rahul Gandhi posted on the social media site X, "The Supreme Court's comment on the BJP's unconstitutional and unjust bulldozer policy is welcome. The anti-constitutional face of the BJP, which has crushed humanity and justice under the bulldozer, has now been exposed in front of the country."

Rahul Gandhi said that it is often the households of the Bahujans and the poor who fall under the wheels of the bulldozer, which is being run with the intention of establishing the 'rule of fear' under the guise of 'instant justice'.

Rahul Gandhi expressed hope that the Supreme Court will issue clear guidelines on this very sensitive issue.

Senior lawyer Prashant Bhushan has also commented on this matter.

Prashant Bhushan wrote on X, "The Supreme Court should be praised for finally understanding this threat to the rule of law. Bulldozers are being used to demolish justice."

Former Chief Minister of the Indian state of Uttar Pradesh and Samajwadi Party leader Akhilesh Yadav has posted on the social media website X.

Akhilesh Yadav has written - 'The scales of justice' are bigger than the 'bulldozer of injustice'.

Congress leader and former MP Udit Raj has also given his statement on this matter.

Udit Raj said that whether there is an accused or the allegation is proved, when the bulldozer action has started, then what is the need of the court and the constitution.

Udit Raj told news agency IANS, "This reminds of the barbaric era that there is dictatorship in the country and there is no constitution. The court should decide whether the house should be demolished or not, whether to go to jail or not, whether to impose a fine or not."

Udit Raj said, "If the officials start taking decisions at the behest of the leaders or the government, then what is the need of the constitution, courts and law books?"

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