In November 2024, the Amnesty International Group welcomed the Supreme Court’s judgment (SC), which seemingly applied to the brakes on a de facto policy of demolishing people’s homes as forms of out-of-court punishment-eufemistically referred to as bulldozer justice.
That month, out -of -court demolitions were declared illegal bench of the Supreme Court of Judges BR Gavai and KV Viswanathan. The judgment provided detailed instructions for the municipal authorities, which were to be followed by the demolition of any assets. It corrected personal responsibility to the officials who carry out these actions.
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The “Bulldozer of Justice” is a term emerging on the use of bulldozers as a political instrument and symbol in politics, especially in Uttar Pradesh under the main minister Yogi Adityanath, where heavy machines were deployed to demolish houses who protested and were accused of non -interference, often without law.
As a result of the SC order of the prominent political party, the Groups for Rights, the citizens concerned and others, they marked the judgment of the Top Court, which disagreed with negotiations that have disproportionately aimed at Muslims.
However, this early enthusiasm has retreated to a more realistic evaluation. States, especially those ruled by the Bharatiya Janata (BJP) party, continue to continue as if the Supreme Court Directive never existed.
*** At the beginning of this week, the municipal company Brihanmumbai Municipal Corporation sent a team to the hotel, where Kunal Kamra shot his now controversial comedy show, which took Jibe on Mahashrashtra representatives of the main minister and targeted BMC. became “Unsaator”.
*** In March 2025, the Nagpur Municipal Authorities Bulled part of the house of Fahim Khan, a person accused of participating in riots that broke out in the city on March 17th, for the burn of the Mughal Emperor Aurungzeb. A few hours later, the High Court remained a demolition command and effectively stopped the demolition of allegedly illegal parts of the residence of another accused Yusuf Sheikha. The Nagpur of Bombay High Court hit the Bombay, issued a stay in Demolice and criticized the administration for its “high purity”.
*** On the night of 23 February this year, the house of Muslim man and a shop in Malvan, Maharashtra in the Sindhudurg district, allegedly demolished without prior warning of the civil authorities, which was charged with illegal structures. The man claimed that demolition was repressive retaliation after he was registered against him and his wife, and accused their son that during the cricket match between India and Pakistan 23.
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*** 9 February, municipal council Hat in Uttar Pradesh demolished part of Madni Masjid. The authorities reportedly did not provide proceedings of the mosque of previous hearing. A petition was filed before the Supreme Court, in which he sought to contempt the court proceedings against the authorities for violations of the Apex Court directives. Part of the mosque, which was reportedly beyond the sanctioned plan, could be legally regularized, the petitioners said. The Supreme Court issued a notice of 17 February and remained another demolition of a mosque.
*** In January 2025, a similar contempt for the demolition of the factory belonging to the Muslim family in Sambhal, Uttar Pradesh, was filed in court, allegedly without prior warning or to give the family an opportunity to hear as prescribed by law. However, the court ordered the petitioner on 7 February to address the High Court in Allahabad instead.
*** On March 3, 2025, the Supreme Court refused to hear a petition in the public interest (Pil), which sought to contempt against the Ahmedabad municipal corporation for the demolition of three houses and a shed belonging to Muslim persons accused in criminal cases without allegedly due to the procedure. Instead, the court ordered the petitioner to move the Gujarat High Court.
*** This year in Pandjab (where the Government of AAP), the police demolished the houses of alleged drug off -roads because the real estate was obtained with the yield of drug trafficking. 1 March was filed at the High Court in Panjab and Haryan, in which he sought to execute the order of the Supreme Court, which excludes illegal demolition and that an action against alleged revenue from drug trafficking will be adopted under the law.
“Ignoring the SC order”
The continuation of the regime of illegal repressive demolitions of assets is signaled by the ignorance of the Supreme Court order 13. November and for the rule of law, says lawyers who know cases well.
He points out a defense counsel based on Delhi in the record of Parasath Singh, who filed a lawsuit for contempt for Muslim persons whose qualities were demolished in Ahmedabad.
“These demolitions show that the state does not show proper respect for the Supreme Court’s instructions,” he added: “Such impunity cannot be allowed in democracy with the rule of law.”
Asked why the executive apparently violated the peak commands, Singh; “ SC must promote the order. If the court is not considered serious, how can you expect the government to be serious? ”
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In India, the law does not allow the demolition of real estate as a repressive measure. Nevertheless, this practice has expanded, especially in BJP -dominated countries, with a mixture of public support and indifference. Between April and June 2022, according to Amnesty International Authorities in four BJP countries and one state of AAP-Claimed Bulldy 128 structures, mostly belonging to Muslims.
SC instructions for demolition
In 2022, three saw it at the Supreme Court. In November 2024, the court issued detailed instructions on the conditions under which demolitions could be carried out according to which no demolition can continue without issuing a notice of development 15 days in advance. In addition, the person or entity in question should be provided personal hearing. The final order must deal with the arguments of the affected party, the possibilities of regularization and to determine the need for demolition.
The affected parties are to be provided for 15 days to appeal before the action is carried out. If the owner does not remove unauthorized construction within 15 days, the authorities can continue with the demolition, provided that there is no stay from a higher authority.
If demolition occurs, a video must be recorded, and the reports are submitted to the Municipal Commissioner and published publicly. Officers carrying out illegal demolitions carry personal responsibility for the restoration of the property and pay the compensation to its owners, noted SC.
Many laws offer gaps-if someone is interested-and apparently are administrations in the states of BJP-LIS. The instructions do not apply to unauthorized structures in public places such as roads, sidewalks or near water bodies and cases of demolitions ordered by the court. This exemption for interventions on public land has left the authorities significant gaps to continue to demolish the houses.
These demolitions show that the state does not show proper respect for the instructions of the Supreme Court.
If the court is not considered serious, how can you expect the government to be serious?
A well -known human rights lawyer Colin Gonsalves believes that SC should not send cases back to the Supreme Courts (HC), given that the record of some of the high courts in the country is far from satisfactory.
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“ While the SC directive was progressive, the decision to send all cases of bulldozer to the Supreme Courts meant that such cases were at the mercy of these courts. And although there are many liberal main judges of HCS, there are many people who have lost the faith of people. In my opinion, this is the case that SC was supposed to watch to the end. That has never happened. ”
Obviously, until repressive measures against civil and police officials responsible for such conduct – as the top court declared – political parties would be increasingly supported to resist the Supreme Court in the country.
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