In a recent hearing, the Supreme Court raised concerns over the UP government's actions regarding bulldozing houses and their alleged link to politically motivated cases. The bench, led by Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, was examining a petition challenging the Allahabad High Court's decision to cancel bail for Fasahat Ali Khan, accused of forcefully demolishing a house and looting Rs. 20,000 in Rampur back in 2016, as reported by Live Law.
During the proceedings, Justice Kaul questioned the UP Additional Advocate General (AAG) RK Raizada, asking, "So you agree that bulldozing houses is wrongful?" The comment alluded to reports of "bulldozer action" taken by UP authorities to demolish houses of accused individuals. The petitioner's lawyer argued that the cases against Khan were politically motivated and filed during elections, but the AAG countered that previous FIRs and crimes had not been fully considered.
Justice Kaul further probed the AAG, seeking assurance that the principle of bulldozing houses would not be followed in the future. The AAG limited his plea to the current case but refrained from providing a broader commitment.
In a significant ruling, the bench set aside the High Court's order and reinstated the bail granted by the trial court, stating that the mere existence of cases prior to the issue itself should not be grounds for cancellation. The "bulldozer action" taken by authorities has been a subject of PILs challenging the extra-judicial and disproportionate actions used to punish accused individuals before legal trials.
Last year, the Supreme Court directed the Uttar Pradesh government to refrain from demolitions except in accordance with established law. In response, the state submitted an affidavit stating that the demolitions in Kanpur and Prayagraj followed the Uttar Pradesh Urban Planning and Development Act, 1973, and were not linked to riots but initiated due to building rule violations.
