The Supreme Court docket will ship its verdict on Wednesday, November 13, on pleas looking for to cease authorities’ “bulldozer” motion in opposition to accused individuals as a punitive measure. The highest courtroom will resolve on framing pan-India pointers to stop the“unlawful” demolition of properties and different properties.
On October 1, the courtroom prolonged its interim order, asking authorities to cease demolition drives till additional orders have been obtained. The interim order didn’t apply to unauthorised constructions, together with spiritual constructions on roads and footpaths. The courtroom additionally remarked that “public security” is paramount, and no spiritual construction, be it a temple, dargah, or gurdwara, in the midst of the street can hinder the general public.
Throughout the hearings, the courtroom noticed that being accused or convicted of a criminal offense was no grounds for authorities to provoke bulldozer motion in opposition to properties and outlets.
“We’re a secular nation… No matter we lay down… we lay down for all residents. There can’t be a specific regulation for a specific faith. Unauthorised constructions belonging to members of any neighborhood must go, regardless of their faith or religion,” remarked Justice Gavai orally in courtroom.
The highest courtroom additionally famous the existence of various legal guidelines for municipal firms and nagar panchayats and stated they have been solely involved about misuse of the municipal legal guidelines. Whereas deliberating on framing pan-India pointers, the courtroom additionally steered a web based portal for consciousness.
In an utility in September, the United Nations Particular Rapporteur on Ample Housing instructed the courtroom that “punitive and arbitrary” demolition of properties is an “aggravated type of human rights violation”. The UN official stated such actions in opposition to minority communities amounted to “degrading remedy” and will grow to be a instrument within the arms of the State to seize land.
The SC was listening to petitions which highlighted rising cases of “bulldozer” motion within the nation. The petitioners additionally expressed alarm that such motion is turning into an extra-legal punishment by the State and marginalised communities are more and more “victimised”.
The plea additionally sought that any demolition train be carried out strictly in accordance with the regulation and that officers who’ve carried out such demolition prior to now be held accountable.
(With company inputs)
