By Shakeel Sobhan
India’s Supreme Court on Wednesday ruled that the government cannot order the demolition of property belonging to people accused of crimes without allowing for due judicial process.
In its judgement, the court said such demolitions “would strike at the basic principle of rule of law and is not permissible.”
The court ruled that a notice must be issued with at least 15 days for the owner to respond and must provide an opportunity for personal hearing, among other guidelines.
The judgement emphasized that only the judiciary has the authority to determine guilt and any action without proper legal procedures, violates the principles of justice and the rule of law.
Incidentally, these demolitions are colloquially termed “bulldozer justice.”
‘Anti-encroachment’ drives or ‘punishment’?
Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party (BJP) has been accused by rights groups and critics of levelling properties belonging to Muslims in so-called “anti-encroachment” drives.
While officials have said the demolitions only targeted illegal buildings, rights groups and critics say they are an attempt to harass and marginalize religious minorities, pointing to a wave of rising religious tensions under Modi’s rule.
This story was originally published in amp.dw.com. Read the full story here.
