The "bulldozer" mode of justice picked up in the country after the police operation to nab gangster Vikas Dubey in July 2020 in Uttar Pradesh's Kanpur led to the death of eight policemen, who were killed in a gunfight with the associates of the gangster who trapped the cops.
The Supreme Court on Tuesday, September 17, came down heavily against the practice of bulldozer action on properties, including those of accused in crimes, and banned such demolitions till October 1, even one instance of illegal demolition was against the "ethos" of the Constitution.
The Supreme Court was hearing pleas which alleged that properties of the accused were being demolished in several states illegally.
Supreme Court's stern order quite clearly appeared to be a message to the states that have been using bulldozers as a means for instant action against accused of crimes, particularly in Uttar Pradesh, where the state government has resorted to this measure several times. The starting of it was the 2020 gangster Vikas Dubey case.
The "bulldozer" mode of justice picked up in the country after the police operation to nab gangster Vikas Dubey in July 2020 in Uttar Pradesh's Kanpur led to the death of eight policemen, who were killed in gunfight with the associates of the gangster.
On July 3, 2020, a team of cops was ambushed during an attempt to arrest Vikas Dubey and his men at the gangster's residence in Kanpur's Bikru village. While eight policemen, including a deputy superintendent of police (DSP), were killed, seven cops were left injured.
Two gunmen, identified as a maternal uncle and another close relative of Dubey, were also killed in the gunfight.
The autopsy report revealed that DSP Devendra Mishra had been beheaded and his body was mutilated with an axe, while other policemen had multiple bullet wounds, which were fired from different weapons.
During this ambush, Dubey managed to flee from his residence, triggering a massive manhunt amid nationwide anger over the brutal killing of the policemen.
Vikas Dubey was arrested on July 9 that year, near the Mahakaleshwar Jyotirlinga temple in Madhya Pradesh's Ujjain. In between the deadly police operation and Vikas Dubey's arrest, the Kanpur administration demolished his house in the first well-known instance of the bulldozer action.
Visuals of demolitions of Vikas Dubey's property were all over national television and social media, winning the Uttar Pradesh government admiration from a section of people for taking a firm stand against criminals.
Since this instance, bulldozer action has been seen multiple times on properties linked to accused in crimes in Uttar Pradesh as well as other states like Madhya Pradesh.
The UP government has also demolished properties of politician-strongmen and gangsters Mukhtar Ansari and Atique Ahmed using bulldozers.
Last month, the Uttar Pradesh government bulldozed the bakery of one of the two men accused of raping a 12-year-old in Ayodhya. The bakery was sealed by food adulteration department and action to demolish it was started after that.
Clarifying that its order will not apply to unauthorised structures on public roads, footpaths, railways lines or public places like water bodies etc, the Supreme Court bench of Justices BR Gavai and KV Viswanathan clarified on Tuesday will be no demolition of properties, including of those accused of crime, till October 1 without its permission.
"Stand over to October 1 at the request of the Solicitor General. However, we direct that till the next date, no demolition without seeking leave of this court," news agency PTI quoted the bench as saying.
The bench also referred to statements made after the September 2 hearing in the matter during which the apex court had said it proposes to lay down certain guidelines on the issue that would be enforceable across the country.
The court said that after that order, there have been statements that the bulldozer will continue, and that "it all depends in whose hands the steering is."
The court told Solicitor General Tushar Mehta that after these directives are laid down, it will seek his assistance on this glorification and grandstanding. "You will assist us on how to stop this. If necessary, we will ask the Election Commission also," the bench said.
One of the advocates appearing for the petitioners referred to the September 12 order passed by a coordinate bench (a bench of identical strength) which had said alleged involvement in a crime was no ground for demolition of a property.
"Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land," the coordinate bench of the top court had said in its September 12 order.
During the hearing, Mehta referred to the magnitude of the order passed today and said there would not be any demolition in the entire country.
"You can have it (the matter) on 24 (September). For one week, you can stay your hands off," the bench said.
"If somebody wants to face contempt, let him face a contempt," it said.
Mehta said the court can consider ordering no demolition except in cases of unauthorised construction after following the procedure established by law.
"Heavens will not fall," the bench told him dismissively.