Supreme Court Considers Guidelines To Curb ‘Bulldozer Justice’

The Supreme Court of India has issued notices to the governments of Uttar Pradesh, Madhya Pradesh, and Rajasthan, seeking their responses on a petition challenging the practice of “bulldozer justice.” The petition, filed by Jamiat Ulema-e-Hind, calls for a ban on the use of bulldozers to demolish the homes of individuals accused of crimes. It also alleges that such actions disproportionately target minority communities.

During the hearing, a bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan reprimanded the central government and made it clear that it intends to issue guidelines on this matter. The court raised significant concerns about the fairness of demolishing properties solely based on criminal accusations. It questioned whether such actions are justifiable even if the accused is found guilty. The bench also expressed disapproval of the practice of demolishing a person’s home just because they are an accused.

Solicitor General Tushar Mehta, representing the central government, agreed with the court’s concerns. He emphasized that demolition actions are taken in cases of illegal occupation or construction, not merely due to criminal allegations. He clarified that these actions are carried out in accordance with municipal laws and typically follow notices issued by the relevant municipal authorities.

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The petition references several recent instances where bulldozers were used to demolish properties in Uttar Pradesh, Madhya Pradesh, and Rajasthan. One notable case in Uttar Pradesh involved the demolition of a bakery owned by Moeed Khan, a city president of the Samajwadi Party, following his arrest on charges of raping a 12-year-old girl. The petition argues that such actions are often directed against marginalized groups, particularly minorities, without giving them an opportunity to defend themselves legally.

The court has scheduled the next hearing for September 17, during which it may further address the legality and ethics of using bulldozers as a form of punishment. The petitioners hope to secure a ruling that will prevent what they see as a violation of basic rights through immediate and extrajudicial actions.

The issue of bulldozer justice has drawn international attention, with Amnesty International reporting in February that 128 properties were demolished in connection with communal violence in various states, including Delhi, Assam, Gujarat, Madhya Pradesh, and Uttar Pradesh, between April 2022 and June 2024.