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The Supreme Court of India, in a significant move, has halted all unauthorized demolitions of private property across the nation until October 1st. This decisive action, taken on Tuesday, is a direct response to the growing concerns surrounding 'bulldozer justice' - a practice employed by certain state governments that involves the destruction of residential or commercial property owned by individuals accused of criminal offenses. The court, which has already taken a strong stance against this practice on two separate occasions this month, expressed deep disapproval of the practice, characterizing it as 'grandstanding' and 'glorification' of unlawful actions.
The Supreme Court's decision stemmed from multiple petitions challenging the demolition of homes without due process. The government, represented by Solicitor General Tushar Mehta, attempted to justify the demolitions, arguing that the court's order might hinder legally sanctioned demolitions. However, the court firmly dismissed this claim, stating that 'the heavens won't fall if we ask you to hold your hands till (the) next hearing.' The bench, comprising Justice BR Gavai and Justice KV Viswanathan, emphasized that the court would not be swayed by any 'narrative' surrounding the practice, as even a single instance of illegal demolition goes against the fundamental principles of the Indian Constitution.
The court's order, however, is not intended to impede the removal of encroachments in public spaces, such as roads, railway tracks, and water bodies. This distinction is crucial, as it clarifies that the Supreme Court's focus is primarily on protecting the rights of individuals whose private property is being destroyed without proper legal justification. Furthermore, the court has indicated its intention to establish guidelines for identifying potentially illegal constructions, suggesting a comprehensive approach to addressing this complex issue.
The timing of the Supreme Court's intervention is particularly significant, coinciding with Assembly elections in Jammu and Kashmir (the first in a decade) and Haryana next month. The ruling party, the BJP, is seeking to regain power in both states, and 'bulldozer justice' has been seen by some as a strategy to intimidate opposition voters. This perception has fueled widespread criticism, with opposition leaders, including Samajwadi Party chief Akhilesh Yadav, expressing their support for the Supreme Court's decision and arguing that the 'bulldozer' was used to intimidate and silence dissent.
The Supreme Court's bold move underscores the importance of safeguarding individual rights and upholding the rule of law. It also serves as a warning to state governments to refrain from employing extrajudicial measures and ensure that all actions are undertaken within the bounds of legal procedures. The upcoming hearing on October 1st will be crucial, as the court is expected to further define its guidelines and address the broader implications of 'bulldozer justice' on the Indian legal landscape.
Source: "Glorification, Grandstanding": Supreme Court Pauses 'Bulldozer Justice'