The Supreme Court on Tuesday issued an order to halt unauthorized demolitions of private properties across India until October 1, when it will hear arguments against the practice of ‘bulldozer justice.’
This practice, adopted by some state governments, involves demolishing properties owned by individuals accused of crimes. The ruling came as a response to concerns about the misuse of power in such demolitions, where authorities act as both judge and executioner.
The government, represented by Solicitor General Tushar Mehta, expressed concerns that the order might impact demolitions that are legally sanctioned. However, the bench, consisting of Justice B R Gavai and Justice K V Viswanathan, dismissed these worries, stating, “The heavens won’t fall if we ask you to hold your hands till the next hearing.”
The court, which has already criticized ‘bulldozer justice’ twice this month, warned against using demolitions for “grandstanding” and “glorification.” It explicitly stated that no demolition should proceed without its permission until the next hearing.
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Election Commission’s Potential Involvement
The Supreme Court’s warning about notifying the Election Commission is significant, especially with upcoming Assembly elections in Jammu and Kashmir and Haryana. This context raises questions about whether political motivations play a role in the use of demolitions against certain communities.
During the hearing, Mehta suggested that the court’s stance was influenced by a “narrative.” However, the bench quickly dismissed this notion, emphasizing that even a single instance of illegal demolition violates constitutional principles. The court clarified that its order does not hinder the removal of encroachments in public spaces, such as roads or water bodies, but targets unauthorized demolitions of private properties.
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Ongoing Demolitions Despite Court Orders
Petitioners argued that demolitions had continued despite previous instructions from the court, which specified that criminal allegations alone do not justify property demolition. Concerns were also raised about demolitions targeting specific communities, with Mehta attempting to refute these claims by citing examples from Madhya Pradesh.
Moving Forward
The Supreme Court’s temporary stay on unauthorized demolitions until October 1 aims to ensure that due process is followed and that property rights are respected. The court’s decision to potentially establish guidelines for identifying illegal constructions could reshape how authorities handle property-related actions in criminal cases. The upcoming hearing is expected to address these concerns further, setting a precedent for how property laws align with individual rights and state power.
