India's Supreme Court pauses 'bulldozer justice,' orders no demolitions without its permission

India's top court ordered authorities on Tuesday to pause demolishing private property as punitive action against people accused of criminal activity, condemning the so-called "bulldozer justice."

Prime Minister Narendra Modi's nationalist government has frequently deployed bulldozers and earthmovers to flatten property owned by those facing trial, saying it targets illegal construction and is a firm response to criminal activity.

The Supreme Court, which is hearing a clutch of petitions challenging the campaign, has asked the government to stall the campaign, until the next hearing scheduled on October 1.

In a hearing last week, the court said the practice amounted to "running a bulldozer over the laws of the land."

"Alleged involvement in crime is no ground for the demolition of a property," the judges added.

Rights groups have condemned the tactic as an unlawful exercise in collective punishment, often targeting India's minority Muslim community.

"It can't be demolished even if he's a convict... the demolition can be carried out (only) as per the procedure in accordance with the law," said Justice Bhushan Ramkrishna Gavai, one of the trio of judges hearing the case.

The campaign first started in 2017 in Uttar Pradesh state, governed by Yogi Adityanath, a Hindu monk seen as a potential successor to Modi and a key figure in the ruling Bharatiya Janata Party (BJP).

It has since spread to several other states controlled by the BJP.

Officials say the demolitions are lawful as they only target buildings constructed without legal approval.

But victims of the campaign deny that their dwellings are illegal, and say they are not given the required notice period to dispute demolition orders.

Amnesty International has said that the demolitions were part of a selective and "vicious" crackdown on Indian Muslims who spoke out.

Passing the order, a bench, headed by Justice Gavai said that unauthorised structures may be demolished following the due procedure but under no circumstances, property be demolished for "extraneous reasons".

The Bench, also comprising Justice K.V. Viswanathan, clarified that its order will not protect any unauthorised construction on public roads, streets, footpaths, railway lines, or public places.

Posting the batch of petitions alleging demolitions carried out without notice for the next hearing on October 1, it said that it would lay down directives within the framework of municipal law guaranteeing legal remedies.

The apex court said that neither the unauthorised occupants nor the authorities should be allowed to take any advantage of ‘lacunas’ in municipal laws.

Solicitor General Tushar Mehta said that a "narrative" has been built and demolitions were carried out after notices were served in respect of structures built in violation of municipal law.

"There cannot be a stay against illegal demolition. I have filed an affidavit that there cannot be any demolition except in accordance with applicable law and not on the ground that the person is guilty of any offence," he submitted.

"Let them (PIL litigants) bring one incident where the law was not complied with. Affected parties don’t approach because they knew they had received notices and their construction was illegal," he added.

In an earlier hearing held on September 2, the top court mulled the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences. It had stressed that even unauthorised construction has to be demolished in "accordance with law" and state authorities cannot resort to the demolition of the property of the accused as a punishment.

The SC remarked that not only the house of an accused, but the house of a convict cannot meet such a fate, while clarifying the apex court‘s intention to not protect unauthorised structures. Posting the matter for hearing after two weeks, it had asked parties to place on record their suggestions for framing of guidelines.

The apex court was hearing a plea filed by Jamiat Ulema-i-Hind, claiming that several houses of persons were demolished in Delhi's Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots. Several applications against bulldozer actions across various states were also filed in the same pending matter.

The petition contended that authorities cannot resort to bulldozer action as a form of punishment and such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution.

Further, it prayed for direction to order the reconstruction of the houses demolished.

Agencies