Uphold law, halt the bulldozers

Bulldozer action, a form of State-backed subversion of justice, is being taken up across the country, in spite of restrictions and guidelines on the matter issued more than once by the Supreme Court. The court has again taken up the matter and expressed shock at authorities bulldozing houses in Prayagraj within 24 hours of notifying the occupants that their homes stood on land wrongly linked to gangster-politician Atiq Ahmed. The court has issued a notice to the Malvan Municipal Council in Maharashtra for demolishing the shop and house of the family of a 14-year-old who had allegedly chanted “anti-India” slogans during the India-Pakistan Champions Trophy cricket match in February. The Nagpur bench of the Bombay High Court stayed the demolition of houses of the accused in the recent violence in the city but the court intervention came late. There are other cases as well, many of them involving threats of bulldozer action.

The Supreme Court last year laid down guidelines on bulldozer action which stipulated the procedure for identifying unauthorised structures, mandated issuance of notice to persons concerned by giving them sufficient time and a fair hearing before any action. The court said the rights of citizens and the norms of natural justice should not be violated in the process. Governments had violated these principles and punished people arbitrarily. Action was taken not only against the accused persons but also members of their family and relatives. The court pointed out that any executive action without following due process is illegal and unconstitutional. It also said arbitrary action in cases being heard by a court was a challenge to the court’s authority. The executive had no authority to inflict punishment on people whose guilt had to be proved in a court of law. It should also be denoted that most of the victims of bulldozer action are the minorities and the poor.

Bulldozer action flouts rule of law and undermines the authority of courts. It is surprising that state governments and even municipal bodies wantonly violate the directions of the highest court of the land. These violations have become routine and this is not limited to bulldozer action. Two years ago, the Supreme Court had said that failure by the police to take action in cases of hate speech would be considered contempt of court. But this directive has only been followed in the breach. The Constitution fails when the writ of the highest court does not run in the country. All courts, not just the Supreme Court, should ensure that the rule of law is upheld and those who undermine it are held to account.