SC warns against punitive bulldozing, calls for adherence to rule of law

The Supreme Court has criticised the use of demolitions as a punitive measure against individuals accused of crimes, stating that such actions violate the rule of law.

This stance came during a hearing on a petition filed by Javed Ali Mehboobamiya Saeed from Gujarat, who faced threats of demolition after a trespassing case was registered against him. Saeed’s lawyer argued that his house, built on co-owned land with proper permissions from the local gram panchayat, had stood for two decades.

The court took note of the increasing trend of demolishing properties using bulldozers belonging to accused persons and issued a notice to the Gujarat government, asking for a response within four weeks. Until further orders, the court ruled that Saeed’s house should not be demolished.

This case is part of a broader pattern in India where the use of bulldozers to demolish the homes of alleged criminals has gained traction, particularly in BJP-ruled states. The Supreme Court has raised concerns over this practice, noting that demolitions should only occur when there is a legal violation, such as a breach of municipal laws, and not merely on the basis of criminal accusations. The court highlighted that guilt must be determined through proper legal processes rather than punitive actions.

The debate over bulldozer use has ignited political tensions, particularly in states like Uttar Pradesh, where it has become a tool of political messaging. Critics argue that demolishing homes as a form of punishment circumvents the legal system, while supporters see it as a tough stance on crime.

In response to criticism, political leaders from BJP-ruled states have defended the practice, arguing it is part of their broader crime control efforts.