By sabrangindia
In recent times, state-sanctioned “illegal” demolitions have become a disturbing trend in India, often targeting individuals, mostly belonging to the marginalised or the religious minority communities, linked to alleged criminal activities or social unrest. These actions, frequently executed without proper legal notice or due process, have raised significant concerns about the abuse of power and the infringement of fundamental rights. The use of bulldozers to demolish homes has been criticized as a form of extrajudicial punishment, bypassing established legal procedures and undermining the rule of law, and has been termed as “bulldozer justice”. The Supreme Court of India has been approached multiple times to address these issues, reflecting the urgency and severity of the situation, however no concrete solution has come from the highest court of the country.
Today, the Supreme Court is set to hear two urgent applications challenging recent demolition actions by authorities in the states of Madhya Pradesh and Rajasthan. These pleas have been moved by the victims, Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, whose homes were targeted. These cases will be taken up post-lunch by a bench comprising Justices BR Gavai and KV Viswanathan. Senior Advocate CU Singh mentioned one of the applications earlier in the day, requesting it be heard alongside the ongoing Brinda Karat v. North Delhi Municipal Corporation & Ors case, which challenges the 2022 demolition drive in Delhi’s Jahangirpuri.
Mentioning the present case, Singh had highlighted the plight of a family whose ancestral home was partially demolished on the same day a family member was arrested, leaving the house inaccessible. As underscored by Singh, the said demolition occurred without any prior notice, raising serious concerns about the legality of the action.
As per LiveLaws report, CU Singh had said “An application has been filed pertaining to an ancestral home…on the same day that one of the family members was arrested, the front of the ancestral home was demolished, making the entire place inaccessible…without any notice, without anything…if Your Lordships could list the IA alongwith…This is a person who is personally [injured]”.
Advocate-on-Record Fauzia Shakil mentioned the other application, wherein a house in Udaipur was demolished because the tenant’s son was accused in a criminal case.
This story was originally published in sabrangindia.in. Read the full story here.
