On 17 September, the apex court temporarily halted the demolition of properties observing that being an accused cannot be a ground to demolish homes
Waquar Hasan | Clarion India
NEW DELHI — Continuing with “bulldozer justice” even in the face of a clear directive of the Supreme Court in this regard is a flagrant violation of the country’s rule of law, several social activists have said.
On 17 September, the apex court temporarily halted the demolition of properties observing that being an accused cannot be a ground to demolish homes. A bench of Justices BR Gavai and KV Viswanathan reserved its orders on laying down pan-India directives governing demolitions of unauthorised structures after several petitions were filed before the apex court alleging that demolitions were carried out by several state authorities without sufficient notice.
Even though the apex court had put a stay on such actions, demolitions were carried out in states such as Rajasthan, Uttarakhand, Gujarat and others. In Uttar Pradesh, demolition notices were issued to residents of over two dozen houses but Allahabad High Court stayed the notices for 15 days.
The bulldozer action which mostly targeted Muslims has drawn criticism from political leaders, activists, human rights groups and Muslim leaders. Even when the apex court took a clear stand against it, several Bharatiya Janata Party-ruled states continued to carry out demolitions.
Speaking to Clarion India, human rights activist Apoorvanand said that he was not surprised that these states are not following the Supreme Court order as they don’t believe in the rule of law.
“They believe in force. They believe in destroying Muslims by devising different ways to do it. These governments are not being run as per the law. This has been witnessed earlier too. Why is there a need for the Supreme Court order in this regard? Any responsible government or the officer who is aware of the law will not do it,” said Apoorvanand, a Delhi University professor.
According to him, it is being claimed that the bulldozer actions are being carried out to implement the law. Actually, it is a violation of the law. This is not justified in any way. Whatever anyone says about it, the chief minister already showed his intent publicly about the bulldozer actions. Even though the court had put a stay on these actions, Uttar Pradesh Chief Minister Yogi Adityanath gave a statement strongly supporting the bulldozer actions.
Advocate Sharfuddin, general secretary of All India Lawyers Council, said the country is not being run as per the law of the land and the constitution but as per the majoritarian sentiment.
“India has been gripped by those who have an artificial majority. Majoritarian instinct does not believe in the law of the land. They have no fear of the law. This mindset has not suddenly been developed but created. This is a weakness not bravery,” said Sharfuddin.
He drew attention towards the visit of Prime Minister Narendra Modi to the residence of Chief Justice of India (CJI) DY Chandrachud to point out the failures of the government to implement the Supreme Court order.
Sharfuddin criticised the Supreme Court for not issuing suo moto contempt notices to the governments not following its order.
“If it was the wish of the Supreme Court to stop the bulldozer actions, it should have issued contempt notice suo moto. It suggests that the intent of the Supreme Court is to maintain a tradition not the enforcement of the law and the constitution,” he said.
On Thursday, the Supreme Court refused to entertain a plea alleging contempt of its order on the demolition of properties by the authorities in Uttarakhand, Rajasthan and Uttar Pradesh.
A bench of Justices Gavai, PK Mishra and Viswanathan said it was not inclined to entertain the plea filed by the petitioner who was not directly or indirectly related to the act.
