New Delhi: The Supreme Court on Tuesday halted unauthorised demolition of private property, anywhere in India, till October 1, when it will next hear arguments against 'bulldozer justice' - the practice by some state governments to destroy residential or commercial property owned by people accused in criminal cases.
The court dismissed concerns by the government - represented by Solicitor General Tushar Mehta - that its order would impact legally sanctioned demolitions. "The heavens won't fall if we ask you to hold your hands till (the) next hearing", a bench of Justice BR Gavai and KV Viswanathan declared.
An irate top court - which has already come down hard, twice this month, on 'bulldozer justice' - also warned against "grandstanding" and "glorification" of this practice. "No demolition, till next, date, without permission of this court," it said, warning the Election Commission may be put on notice.
The reference to the poll panel is significant given Assembly elections this week in Jammu and Kashmir (the first in a decade) and in Haryana next month, where the BJP is looking to return to power.
The court also waved away Mr Mehta's suggestion it had been influenced by a "narrative", pointing out "even if there is one instance of illegal demolition, it is against the ethos of the Constitution".
"The 'narrative' is not influencing us. We made it clear that we won't (stop) demolition of unauthorised construction... but the executive can't be a 'judge' (of what is illegal)," the Supreme Court said, saying, once again, that it will also lay down guidelines to identify potentially illegal constructions.
The court - hearing petitions against those whose homes had been bulldozed - also said its order is not applicable to removing encroachments in public spaces like roads, railway tracks, and water bodies.
"Narrative-Building", Says Centre
In today's hearing some petitioners said demolition had taken place despite the court's earlier instructions - that "alleged involvement in a crime is no ground for demolition of property".
"This is happening daily... please give a short date (to the next hearing). That is all I am saying..." one petitioner said, while another asked how "in a neighbourhood only one house is 'unauthorised'".
Earlier, Mr Mehta had referred to demolitions in Madhya Pradesh to counter claims that bulldozers were used to target property belonging to non-Hindus, specifically Muslim, community members.
"In Madhya Pradesh... 70 shops were demolished after following procedure and more than 50 belonged to Hindus. What they are saying - 'mohallas', etc. - is just 'narrative building'!"
"The narrative has appealed to this court..." the Solicitor General declared.
Mr Mehta also told the court bulldozing of certain properties - whose owners had moved the Supreme Court - took place two years after notice had been issued. "In between, offences were committed..."
"Like Bulldozing Laws Of Country"
Last week the court said alleged involvement in a crime could not be a reason to demolish property owned by that individual, and that such action was like "bulldozing the laws" of the country.
The court - a bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti - was hearing a plea from Gujarat's Kheda district, which said municipal officers had threatened to demolish a man's home after a trespassing case was filed against him. That plea cited the top court's September 2 order, in which it had proposed a set of guidelines to be followed before demolishing homes.
READ | "Bulldozing Laws Of Country...": Supreme Court On 'Bulldozer Justice'
On September 2, the bench of Justice Gavai and Justice Viswanathan had asked how a house could be demolished just because it belongs to an accused or even a convict in a criminal case.
The observation was key given the frequency with which some states rush out bulldozers; recent examples include Jaipur, where a house was destroyed because the owner's son stabbed a classmate.
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That observation also sparked barbs between the BJP's Yogi Adityanath and Samajwadi Party chief Akhilesh Yadav, who demanded an apology for houses and buildings bulldozed till now.
Mr Yadav responded swiftly this evening to the court's directive.
"The bulldozer was meant to scare people... to suppress the voice of the opposition. I thank and congratulate the Supreme Court for its decision to stop the bulldozers," he told reporters.
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