- People closely following the happenings around the country would be abreast of the reports of the razing of buildings identified as riot perpetrators duly undertaken by the elected government in some states. The very premise of identifying the riot perpetrators as well as nonchalantly going ahead with the demolition act is not only unconstitutional in the eyes of the law of the land but also illegal amounting to extrajudicial activism. As you are aware, Uttar Pradesh’s incumbent chief minister is famously monikered as bulldozer baba for his penchant to raze the buildings of purported anti-social elements.
PC: Maddy Deekshith
- The recent violence reported across the country on the back of the ruling BJP spokespersons’ controversial remarks against a religious leader has reignited the debate again. The bulldozers are bound to pose a challenge to the constitutional rights of the Indian citizens. Any precipitative actions on the ground must be supported by the law of the land and well within the constitutionally mandated rights. As the duly anointed guardians of the constitution, the higher judiciary is expected to step in whenever the situation poses a definite challenge to the rights. Unfortunately, our higher courts are not responding on expected lines.
- It appears as if they are in a daze and a state of systemic passivity when confronted with the government’s unconstitutional use of force. What started in UP has spread to Madhya Pradesh, Gujarat, Assam, Tripura, and Delhi civic authorities, respectively. With these states joining the dubious bulldozer club, violations of basic rights are widespread deserving a relook into the approaches adopted by governments. Most dishearteningly, the wheels of justice are moving far slower than the tracks of bulldozers too. Mind you, MP high court issued notices in April following demolitions after the Khargone riots, and you guessed it right, nothing has happened so far.
PC: LIVE LAW NEWS NETWORK
- The Supreme Court’s next hearing after staying the April 20 demolitions in Delhi’s Jahangirpuri is listed for August. Needless to mention, courts must show much more urgency here. Indeed, HCs and SC can even take suo motu notice because the court’s core duty of determining guilt and punishment, premised on due process, is at stake. However, a chance to correct this in the coming days is available via the petition filed in Allahabad HC against the Prayagraj house demolition. The petition noted that the house was owned by the wife of the person accused of organizing violent demonstrations bringing into stark focus one of the worst aspects of bulldozer action.
- Not only is guilt being determined outside courts, but punishment is also being meted out to the family of the accused mirroring the medieval practice in the present times. Of course, the rule of law is in danger of being usurped by the executive. Therefore, the higher judiciary must step in now to stop bulldozer justice without any further delay. It’s unlikely that any CM or municipal authority would defy judges. You see, the justice system still works as a protector of citizens’ rights despite all its limitations.
