Supreme Court to establish nationwide rules against 'Bulldozer Justice'

The Supreme Court of India has proposed to establish nationwide guidelines to curb the practice of demolishing properties as a punitive measure against those accused of crimes. This development comes after the court criticized the recent trend of demolishing homes, particularly those belonging to individuals from minority communities, without due process.

Between April and June 2022, authorities in four Bharatiya Janata Party-ruled states and one Aam Aadmi Party-governed state demolished 128 structures, most of which belonged to Muslims, according to a February report by Amnesty International. There is no legal provision in Indian law that allows for the demolition of property as a form of punishment.

A bench of Justices BR Gavai and KV Viswanathan made these remarks while hearing a batch of petitions challenging these demolitions. The petitions claimed that these actions were undertaken without proper notice and as a form of retribution. "How can a house be demolished just because he is accused?" the court questioned. "It can't be demolished even if he's convicted."

The court instructed the petitioners to submit draft suggestions that could be used to frame the pan-India guidelines. These suggestions are to be collated and submitted by Senior Advocate Nachiketa Joshi.

Two of the petitions being considered were filed by Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh. Khan, a 60-year-old auto-rickshaw driver from Udaipur, stated that his house was demolished by the district administration on August 17, 2024, following communal clashes in the area. Khan’s son had allegedly been involved in these clashes. Hussain, from Madhya Pradesh, claimed that his house and shop were illegally demolished by the state administration.

These applications were part of a larger case brought by the Islamic organization Jamiat Ulama-e-Hind, challenging the demolition of houses belonging to Muslims in Haryana’s Nuh area after communal violence.

During the hearing, Solicitor General of India Tushar Mehta, representing Uttar Pradesh, argued that only illegal structures were being demolished. He emphasized that demolitions would be conducted strictly according to the law. Justice Gavai responded, "So if you are accepting this...then we will issue guidelines based on this." Justice Viswanathan added that the guidelines could also outline the procedural steps to be followed before any demolition.

Senior Advocate CU Singh, representing the petitioners, pointed out that many of the demolished homes were decades old and that the demolitions were carried out because a resident or tenant was accused of a crime.

The court will continue to hear the matter and seek further suggestions from all parties involved. The next hearing is scheduled for Tuesday.