The Supreme Court of India has issued a landmark judgment that restricts the controversial practice of bulldozer justice, which has been used by various state governments, particularly in Uttar Pradesh, to demolish properties of individuals accused of crimes. On November 13, 2024, a bench comprising Justices BR Gavai and KV Viswanathan declared that such arbitrary demolitions are unconstitutional, emphasizing the importance of due process under the rule of law.

Key Aspects of the Judgment

The Supreme Court ruling stipulates strict guidelines for property demolitions. It clarified that executive actions such as demolitions cannot be undertaken based solely on accusations or convictions. The ruling mandates a 15-day prior notice to property owners, detailing the nature of the violation and grounds for demolition. Additionally, demolitions must be recorded on video to ensure transparency, and any violation of these guidelines could result in contempt of court charges.

This judgment has been widely welcomed by opposition leaders, who have long criticized the practice of bulldozer demolitions in several BJP-ruled states, notably in Uttar Pradesh under Chief Minister Yogi Adityanath. The judgment aims to protect citizens from arbitrary state actions and upholds the principles of justice and fairness.

Akhilesh Yadav’s Reaction

The Samajwadi Party chief, Akhilesh Yadav, was quick to applaud the Supreme Court's verdict, labeling it a blow to the Yogi Adityanath-led government. Yadav stated that the bulldozer had become a symbol of the current BJP government’s authoritarian approach, and expressed confidence that the ruling would lead to the end of such unlawful practices. He declared that after this decision, the bulldozer would "remain parked in the garage forever."

Yadav further emphasized that the SP had full faith in the judicial system, predicting that the ruling would help free SP MLAs who were incarcerated under politically motivated charges. His comments were part of his rally in Sismau, where he expressed his belief that demolition-driven tactics would be a thing of the past.

Asaduddin Owaisi’s Support

Another prominent leader, Asaduddin Owaisi, the chief of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), termed the Supreme Court’s decision a “welcome relief.” Owaisi noted that the judgment’s enforceable guidelines would help curb the practice of targeting marginalized communities, particularly Muslims, through bulldozer actions. Owaisi reminded the public that Prime Minister Narendra Modi had earlier celebrated the bulldozer actions, which the Supreme Court now labeled as part of a “lawless state of affairs.”

Owaisi emphasized the significance of this decision, especially in preventing discriminatory practices against certain communities. He called for states to respect the court’s directive and halt arbitrary demolitions, a practice that had previously targeted marginalized groups without following due legal processes.

Wider Political Reactions

The ruling also received praise from leaders across various political factions, including Nana Patole, the president of the Maharashtra Congress, and Brinda Karat of the CPI(M). Patole criticized the BJP's use of ED, CBI, and bulldozers to instill fear in political opponents, welcoming the Supreme Court's rebuke. He remarked that the judgment should prompt the Yogi Adityanath government to focus on governance rather than engaging in divisive tactics.

Brinda Karat, expressing her support, regretted that this decision came too late to prevent the demolition of many homes in BJP-led states. She stressed that this judgment would help preserve the rights of citizens and prevent further abuses of power.

In Uttar Pradesh, BSP leader Mayawati also hailed the judgment, stating that the “terror” of bulldozers would now end, signaling a victory for the rule of law. Ajay Rai, the Congress president of Uttar Pradesh, argued that the Supreme Court ruling would end the “jungle raj” prevalent in the state under the current administration.

The Bigger Picture

The Supreme Court's verdict is a significant step toward strengthening the rule of law in India, particularly against the backdrop of rising concerns over executive overreach. The bulldozer action, which had been used as a tool for punitive justice, often without due legal process, has faced increasing scrutiny, especially for targeting vulnerable communities.

This judgment is expected to have far-reaching effects, curbing abuses of power in various states and reinforcing the idea that the justice system must follow due process rather than acting arbitrarily. As the legal implications unfold, it remains to be seen how the states, especially those governed by the BJP, will comply with the Court’s strict guidelines on demolitions.

Next Steps

The Supreme Court's guidelines are expected to bring about significant changes in how demolitions are carried out across the country. For now, the political leaders who have supported the verdict will continue to call for more robust legal protections against arbitrary state actions.

This judgment underscores the importance of upholding the Constitution and ensuring that no government, regardless of its political affiliation, can bypass established legal processes to mete out punishment or act unjustly.

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