The hearing in the Supreme Court has started in the matter of bulldozer action. During the hearing, SG Tushar Mehta represented the government of Uttar Pradesh, Madhya Pradesh and Rajasthan. Also said that there have been allegations of bulldozer action on a particular community. This is what bothers me.
On that, Justice Gawai said that our country is secular. Whatever we are deciding will be for the entire country. Be it a temple or a dargah, it would be appropriate to remove it as public safety comes first.
Because of this, in the hearing held on September 17, the court banned the bulldozer operation till October 1. The court said that till the next hearing no bulldozer action should be taken anywhere in the country. However, the court set aside proceedings on illegal encroachment of roads, footpaths and railway lines.
The Center had raised questions on this order. Solicitor General Tushar Mehta said that the hands of constitutional institutions cannot be tied in this way. Justice BR Gavai and Justice K.V. Viswanathan's bench said that if the proceedings are stopped for two weeks, the sky will not burst.
Solicitor General Tushar Mehta – I have appeared on behalf of Uttar Pradesh, Rajasthan and Madhya Pradesh. But the bench has said that the guidelines will be for the entire country, so I have some suggestions. Many things have been taken into consideration. If a man is guilty of a crime it is not a ground for bulldozer action.
Justice Gawai- If he is guilty, could this be the basis for Bulldozer's action?
sg- not You said notice should be given. Most municipal laws provide for the publication of notices on a case-by-case basis. You can see that the notice has been sent by registered post. The notice must state which law has been violated.
Justice Gawai- Yes, even states may have different laws.
Justice Viswanathan- There should be an online portal for this. Digitize it. The officer will also be safe. The status and service of sending notices will also be available on the portal.
sg- One thing that bothers me is the allegations that a community is being targeted.
Justice Gawai- We are a secular country, whatever guidelines we make will be for the entire country.
SG- There are some laws in case of illegal encroachment…
Justice Gawai- We have already made it clear that illegal encroachments on public roads, water bodies, railway lines, temples or dargahs will be removed. Public safety is paramount.
Justice Viswanathan- If there are two structures and you act against one. You get a criminal background in a case. A solution has to be found for this.
sg- You leave exaggerated cases in the media. The Court is currently considering the general guidelines.
Courts are not swayed by presumptions, but we make it clear that we will not stand in the way of any illegal encroachment, but officers cannot be judges.
What happened in the last 3 Supreme Court hearings on bulldozer proceedings?
- September 17: Center said – Don't tie hands, Court said – Sky will not burst The Supreme Court had said on September 17 that the bulldozer action will not take place till October 1. Not a single bulldozer action should be taken in the country till the next hearing. When the Center questioned this order, the hands of constitutional institutions cannot be tied in this way. Then Justice BR Gavai and Justice K.V. Vishwanathan said – if the proceedings are stopped for two weeks, the sky will not explode.
- September 12: Supreme Court says- bulldozer action on law The Supreme Court had also said on September 12 that the action of bulldozer is tantamount to running a bulldozer on the law of the land. The matter was before a bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhati. In fact, a family in Gujarat was threatened with bulldozer action by the municipality. The petitioner is a co-owner of land at Kathalal in Kheda district.
- September 2: Court said – Encroachment is not protection The Supreme Court said during the hearing on September 2 that even if someone is guilty, this cannot be done without following due process of law. However, the bench also made it clear that it would not give any protection to encroachment on public roads. But, the parties involved in this matter should give suggestions. We can issue guidelines for the entire country.
Three states where bulldozer action has taken place in the last 3 months
- August 2024: Against the accused who pelted stones at the police in Chhatarpur, Madhya Pradesh Within 24 hours of stone-pelting at the Kotwali police station in Madhya Pradesh's Chhatarpur on August 21, the government demolished a three-storey mansion worth Rs 20 crore. Built in 20 thousand square feet. Even when his mansion was being demolished, no member of his family was present. According to the FIR, the four brothers had instigated the mob to attack the police.
- August 2024: Bulldozer rams into accused's house after stabbing in Rajasthan's Udaipur A child studying in class 10 in a government school in Udaipur injured another by stabbing him. This was followed by arson and violent demonstrations across the city. On August 17, bulldozer action was taken at the house of the accused student. Earlier, on the instructions of the government, the forest department had issued a notice to Salim Sheikh, the father of the accused, to vacate the house built in the illegal colony.
In Rajasthan's Udaipur, on August 17, a bulldozer operation was carried out at the house of Salim, the accused father of the knife.
- June 2024: 6 properties of 2 accused vandalized in Moradabad and Ballia, Uttar Pradesh A bulldozer ransacked the house of a man who tried to kidnap a married woman in Moradabad. The accused shot dead the woman's parents and brother who were protesting the abduction. At the same time, hotel owner Jeeshan, who had beaten up a youth over a bread dispute in Bareilly, had his hotel razed to the ground. Sunny's birthday was on June 26. Sunny ordered 150 rotis from Jeeshan, the owner of Mashal Hotel. Zisha gave only 50 loaves and refused to give 100 loaves. As the dispute escalated, Zeeshan along with his accomplices beat up Sunny.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
