Supreme Court to Issue Guidelines on Bulldozer Action: Questions Legality of Demolishing Properties of Accused

On Monday, the Supreme Court of India addressed the ongoing issue of bulldozer actions taken against individuals accused of crimes across the country. The court raised critical concerns about the legality of demolishing properties solely based on accusations and hinted at issuing nationwide guidelines to regulate such actions.

A bench comprising Justice Viswanathan and Justice B.R. Gavai questioned the practice of demolishing properties merely because the owner is an accused. "If someone is merely an accused, how can you take action to demolish their property? Even if someone is found guilty, such an action cannot be justified," the bench observed.

Hearing on Jamiat Ulama-i-Hind's Petition

The Supreme Court was hearing a petition filed by Jamiat Ulama-i-Hind, which alleged that bulldozer actions were being used selectively against Muslims in BJP-ruled states. The petition claimed that this practice is a form of targeting and intimidation, and the next hearing on the matter is scheduled for September 17.

Supreme Court’s Observations and Government’s Response

The court clarified that the discussion is not about illegal encroachments but about the broader issue of demolishing properties based on accusations. The court invited suggestions from the concerned parties, indicating its intention to issue guidelines that would apply nationwide.

"We are not discussing illegal encroachments here. Let the parties involved give their suggestions. We may issue guidelines for the entire country," the court stated.

The bench also criticized the practice of demolishing homes based on the actions of the accused, questioning whether it was appropriate to punish the family of an accused by demolishing their home.

The central government, however, defended the actions, stating that no property was demolished solely because the owner was accused of a crime. The government argued that actions were taken against illegal encroachments under the Municipal Act.

Allegations in the Petition

The petition by Jamiat Ulama-i-Hind accused state governments of using bulldozer actions to harass and intimidate minorities, particularly Muslims, without giving them a chance to defend themselves. It was alleged that in several cases, authorities did not wait for legal proceedings before demolishing homes as a form of punishment.

Recent Bulldozer Actions in Three States

The petition highlighted instances of bulldozer actions in three states over the past three months:

• August 2024, Chhatarpur, Madhya Pradesh: A 20-crore, three-story mansion was demolished within 24 hours of an FIR being filed against its owners for allegedly inciting a mob to attack the police. The family was not present during the demolition.

• August 2024, Udaipur, Rajasthan: Following a stabbing incident between two schoolchildren, the house of the accused student’s father was demolished. The action was taken after the Forest Department issued a notice to vacate the illegal settlement.

• June 2024, Moradabad and Ballia, Uttar Pradesh: In Moradabad, the house of an individual accused of attempting to abduct a married woman was demolished. In Bareilly, a hotel was demolished after its owner was accused of beating a customer to death over a dispute involving an order for 150 rotis.

Conclusion

The Supreme Court’s decision to potentially issue guidelines on bulldozer actions is significant, as it raises important questions about the fairness and legality of such actions. The court’s observations reflect a broader concern about the use of state power and the protection of individual rights, particularly when it comes to punitive actions like property demolition. As the hearing continues, the country awaits the court’s final decision, which could set a precedent for how such cases are handled in the future.