The Court clarified that the order would not apply to cases where such actions are required to clear unauthorised construction.
The Supreme Court on Tuesday passed an interim order banning authorities from demolishing properties using bulldozers (often termed ‘bulldozer justice’) of those suspected of criminal activities, without first seeking the court’s permission.
The Court clarified that the order would not apply to cases where such actions are required to clear unauthorised construction.
A Bench of Justices BR Gavai and KV Viswanathan said that this order will continue at least till October 1, when the Court will hear the matter next.
“Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines, water bodies or public spaces,” the Court ordered.
The Bench was hearing two pleas Court seeking directions to the Central government and States to refrain from bulldozing homes or shops of accused in criminal proceedings as an extra-legal punitive measure.
In the previous hearing, the top court had criticised such a trend, and said that it would issue guidelines to tackle such issues of “bulldozer justice.”
Notably, it had appreciated the stand taken by the State of Uttar Pradesh which said that demolition can be done only if a structure is illegal.
Today’s order was passed despite strong objections by Solicitor General of India (SG) Tushar Mehta.
Mehta argued that the Court is being swayed by a false narrative that such demolitions are illegal and being used to target only one religious community (Muslims).
“Give us instances, we will give answers on how it was not illegal demolitions. We have to demolish all outside narratives … Only because one community is building narrative through them. Let them bring one instance of illegality. Affected parties don’t come because they know it was illegal and they got notices, and they come in PIL,” he said.
The SG’s submissions were opposed by Senior Advocates CU Singh and MR Shamshad (representing petitioners), who told the Court that the demolitions are continuing and the issue is grave.
SG Mehta sought an adjournment, but the petitioners’ counsel urged the Court to adjourn it to a short date.
“We will say, till the next date of hearing no demolitions without leave of this court. We are not on one community … We are only on streamlining directions, so no one can misuse the law and indulge in any Constitutional infirmity,” Justice Viswanathan eventually proposed.
Justice Gavai added that the government could file a comprehensive affidavit explaining its contentions. He also reiterated that the executive arm of the government cannot play the “judge” while carrying out bulldozer justice.
SG Mehta protested against any interim order to restrict demolition activity, arguing that the Court should not go by the narratives raised by the petitioners.
“Till (October) 1st you can stay your hands?” Justice Gavai asked, before the Bench passed its interim order.
SG Mehta maintained that the interim order would prevent authorities from carrying out necessary duties.
“This is the magnitude. I cannot tell municipalities. I have nothing to say. Your lordships have prevented statutory authorities from exercising their rights!” he said.
Source: https://www.barandbench.com/news/supreme-court-no-bulldozer-demolitions-without-permission