A PIL in the Supreme Court seeks a procedural framework for “bulldozer actions” across states, ensuring transparency and accountability. It demands compensation for victims of wrongful demolitions and public disclosure of the officers responsible.
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NEW DELHI: A Public Interest Litigation (PIL) has been filed in the Supreme Court of India raising serious concerns about the recent “bulldozer actions” occurring across various states. The petition has urged the Supreme Court to enforce a clear procedural framework before such actions are carried out, ensuring transparency and accountability, particularly in cases where demolitions have been deemed wrongful. The petition specifically demands compensation for the victims who have suffered damage due to these demolitions and calls for public disclosure of the names of the officers responsible for executing these actions.
The petition, filed by Alok Sharma and Priya Mishra, both residents of Delhi, through their advocate Narendra Mishra, calls for those affected by wrongful bulldozer demolitions to be compensated. The petitioners emphasized the importance of holding officials accountable for their decisions. According to the plea, when bulldozer actions are proven to be wrongful, the compensation amount should be recovered directly from the responsible officers.
In the words of the petitioners:
“Full compensation should be given after assessing the loss of the victim party.”
This statement highlights the need for a just and thorough process to ensure that those who have been wronged receive adequate relief.
The petition goes further, calling for a stringent procedure to be followed before any bulldozer action can be executed. It suggests that such demolitions should only be allowed after obtaining approval from a District Judge or Magistrate. Furthermore, it has been demanded that the names and designations of the officials involved in the demolition, as well as the reasons for carrying out the action, should be made public.
The petition elaborates:
“Bulldozer action should be allowed anywhere in the country only on the approval of the District Judge or Magistrate. Against whom and why the bulldozer action is being taken should also be made public.”
The PIL highlights that many of these bulldozer demolitions have bypassed proper legal procedures, raising serious concerns regarding their constitutionality. The petition points to incidents where bulldozer actions have been used against individuals accused of crimes, without proper legal verdicts or convictions. The petitioners argue that this approach is both unconstitutional and violates the fundamental rights of the affected parties.
The Supreme Court, in a related hearing this month, made strong observations on this matter.
The court questioned the legality of such actions, remarking:
“How can bulldozer action be taken against an accused in criminal law? Even if someone is convicted, bulldozers cannot take action; it is against the law.”
This sharp observation by the Supreme Court sets a crucial precedent, questioning whether the state can employ such harsh measures without following proper legal procedures.
The petition also refers to bulldozer actions in states such as Uttar Pradesh, Madhya Pradesh, and Rajasthan, where it alleges that bulldozers have disproportionately targeted certain communities, particularly minorities. This, according to the petition, suggests a bias in the application of these actions.
Filed by Jamiat Ulema-e-Hind, this portion of the PIL highlights the perceived targeting of minority communities in states like Uttar Pradesh, which has been a focal point for many of these incidents. The petition has demanded an end to what they describe as “targeted actions” and calls for the judiciary to ensure that “equality before the law” is upheld.
During a recent hearing, the Solicitor General presented arguments regarding the bulldozer action that took place in Jahangirpuri, Delhi. He attempted to defend the state’s position on the use of bulldozers, but the court was quick to challenge his claims. The justices questioned how demolitions could be executed merely on the basis of an accusation.
The court expressed concern, stating:
“If someone is accused, how can bulldozer action be taken just on this base? It is against the law. We will issue instructions regarding this.”
This response from the judiciary underscores the need for a fair and legal process in determining property demolitions and reinforces the importance of adhering to constitutional principles before executing any action that could infringe upon an individual’s rights or property.
The Supreme Court has indicated that it will soon issue clear guidelines on the procedure and legality of bulldozer actions. The court also stated that notices will be sent to all states to ensure compliance with its directives. The petitioners, along with many others, are awaiting the court’s decision, which is likely to set a precedent on the matter and have far-reaching implications.
The petitioners reiterated their call for accountability and transparency, insisting that the “compensation amount should be recovered from the guilty officers” and appropriate disciplinary measures be taken against those responsible for wrongful actions.
