New Delhi: Jamiat Ulama-i-Hind(M) has praised the Supreme Court’s interim order, which has suspended bulldozer demolitions across India. The Court emphasized that “bulldozer justice” is not in line with the law or the Constitution.
“We commend the Court for addressing the irresponsible statements made by government ministers. Such remarks should be stopped immediately to maintain the rule of law and prevent the misuse of authority,” he said.
He further stressed that a civilized nation cannot allow entire communities to be indiscriminately punished. “Even in general cases, homes of elderly or bedridden individuals are demolished, and a narrative is created by some BJP ministers and media, falsely claiming that criminals have been punished.”
The SC bench, led by Justices B.R. Gavai and K.V. Viswanathan, passed the order, temporarily halting demolitions. Solicitor General Tushar Mehta, objected to the order, saying statutory authorities should not have their hands tied. However, the bench remained firm, with Justice Gavai stating, “Heavens won’t fall if the demolitions are paused for two weeks. What will happen in 15 days?”
The bench also invoked its special powers under Article 142 of the Constitution, with Justice Viswanathan emphasizing that even a single instance of illegal demolition is against the Constitution’s ethos. The Court clarified it would not intervene in unauthorized constructions but stressed that executive authorities must not overstep their boundaries. “The executive cannot act as the judiciary,” remarked Justice Gavai.
“Until the next hearing, demolitions should not proceed without the Court’s permission,” Justice Viswanathan added.
The Court also noted that after its previous order, some ministers publicly supported the continued use of bulldozers, with Justice Gavai questioning whether such grandstanding was appropriate. “Should the Election Commission be notified of this? We will formulate directives,” Justice Viswanathan asserted.
Earlier, the Court expressed its intent to lay down guidelines addressing the increasing use of demolitions as a punitive measure. In response, JUH proposed a set of guidelines to ensure due process is followed in demolition cases.
Key Suggestions by JUH:
- Authorities and municipal bodies should appoint officers responsible for responding to courts or relevant authorities concerning demolitions.
- These officers must report to divisional commissioners or equivalent officials.
- A thorough survey should be conducted before deciding on demolitions to verify the legality of the properties.
- A detailed list of properties marked for partial or full demolition must be prepared.
- Property owners must be duly informed and provided a fair opportunity to respond before any demolition is carried out.
With the next hearing scheduled for October 1, all eyes are now on the Supreme Court.
