Bulldozer actions: The Supreme Court on Tuesday (September 17) directed that no demolition of property anywhere in India will take place without the permission of the court till October 1, the next date of hearing but clarified that this order will not be applicable to any unauthorised construction on public roads, footpaths, among others.
The apex court gave the direction while hearing a petition filed by Jamiat Ulema-e-Hind against the bulldozer action in Uttar Pradesh and other states. The bench of Justice BR Gavai and Justice KV Vishwanathan heard the plea.
SG Tushar Mehta said that wherever the demolition action has been done, it has been done by following the legal process, adding the allegation of targeting a particular community is wrong.
A wrong narrative is being spread, he asserted in the court.
"The things happening outside the court do not affect us. We will not go into the debate whether a particular community is being targeted or not. If there is even one issue of illegal demolition, then it is against the spirit of the Constitution," Justice Vishwanathan said.
"We are not being influenced by the narrative. We have made it clear that we are not in favor of giving protection to illegal construction. Executives cannot become judges. There is a need to streamline the process of demolition," Justice Gavai said.
Supreme Court raps authorities for 'bulldozer justice'
Earlier on September 12, the apex court made a strong observation on 'bulldozer justice' while hearing a petition of a person from Gujarat. The Supreme Court said a bulldozer cannot be run on a person's house just because he is an accused in a case.
"It is the court's job to decide whether the accused is guilty or not. This country is ruled by law, a person's mistake cannot be punished by taking action against his family or demolishing his house," the apex court asserted.
The top court said that the court cannot ignore such bulldozer action. Allowing such action to happen would be like running a bulldozer on the rule of law, it added. The court of Justice Hrishikesh Roy, Justice Sudhashu Dhulia and Justice SVN Bhatti made these comments during the hearing the petition.
What was the matter?
A person named Javed Ali from Gujarat filed a petition in the Supreme Court saying that due to an FIR against a member of his family, he has been given a notice by the Municipal Corporation to demolish his house.
The Supreme Court put a stay on the demolition of the house. The court has issued a notice to the state government and the Municipal Corporation, ordering to maintain the status quo for the time being.
