IQNA

India’s Top Court Slams BJP's 'Bulldozer Justice' Which Particularly Targets Muslims

8:44 - November 15, 2024
News ID: 3490691
IQNA – India’s Supreme Court ruled that the practice of demolishing illegally constructed homes and properties of suspected criminals, known as "bulldozer justice," is unconstitutional and must stop.

India’s Top Court Slams BJP's 'Bulldozer Justice' Which Particularly Targets Muslims

 

“The executive can’t become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his properties. Such an act would be transgressing [the] executive’s limits,” the court stated in a 95-page judgment.

The ruling came in response to multiple petitions regarding a series of demolitions targeting suspected criminals in states led by Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) in recent years. Critics have accused BJP state administrations of disproportionately targeting Muslims through these demolitions, an allegation the party has consistently denied.

BJP officials have claimed that due process was followed in these demolitions; however, the court noted that authorities exhibited a “pick and choose” approach, specifically targeting illegally constructed homes owned by Muslims while leaving similar structures owned by non-Muslims untouched.

“In such cases, where the authorities indulge in arbitrary pick and choose of structures and it is established that soon before the initiation of such an action an occupant of the structure was found to be involved in a criminal case, a presumption could be drawn that the real motive for such demolition proceedings was not the illegal structure, but an action of penalizing the accused without even trying him before the court of law,” the court remarked.

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One petition addressed the April 2022 demolition of numerous homes, primarily belonging to Muslims, following sectarian clashes in Delhi’s Jahangirpuri neighborhood. This incident raised concerns about religious discrimination and extrajudicial punishment.

“The chilling sight of a bulldozer demolishing a building… reminds one of a lawless state of affairs,” Justices B.R. Gavai and K.V. Viswanathan stated in the judgment. “Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law.”

The court warned state authorities that it would take action against officials found guilty of “such highhanded and arbitrary” actions and issued comprehensive guidelines for the demolition of homes built without the necessary permits.

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These new guidelines mandate that authorities provide at least 15 days’ advance notice to occupants before demolishing an illegal structure and require an explanation for the demolition. Occupants must also be given adequate time to either remove the construction or contest the demolition order in court.

 

Source: Agencies

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