New Delhi, 13th November: Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind, the main petitioner in this case No. 295/2022, welcomed the Supreme Court’s decisive ruling against the “bulldozer justice”, calling it a significant step towards safeguarding the rule of law and the fundamental rights of citizens. He stated, “This verdict sends a clear message to those who undermine justice. It reminds us that the power to declare someone guilty lies solely with the judiciary, not the administration. The government and its officials, who acted as courts, demolishing people’s properties, must understand that such unlawful actions are unacceptable. This ruling is a victory for justice, and we hope it will serve as a lesson to all authorities.”
Maulana Madani further emphasized that compensation should be provided to all those whose properties were demolished without proper legal procedures. He added, “The Constitution protects the fundamental rights of every citizen, and any unconstitutional actions that infringe upon those rights must be stopped. Jamaat Ulema-i-Hind has always fought for the protection of justice and constitutional rights, and this decision strengthens our resolve to continue this fight.”
Maulana Madani praised the words of Justice B.R. Gavai, who began his verdict with the heartfelt lines: “अपना घर हो, अपना आंगन हो, इस ख्वाब में हर कोई जीता है। इंसान के दिल की ये चाहत है, कि एक घर का सपना कभी न छूटे।” These words express the universal longing for a home of one’s own and the deep desire that this dream should never be shattered. Justice Gavai’s statement resonates with the pain of all individuals who have lost their homes due to unlawful actions by the government.
The verdict of supreme court
In a strong condemnation of the “bulldozer justice” practice, the Supreme Court ruled today that neither the government nor the administration can demolish an individual’s property solely based on accusations or criminal convictions. The Court made it clear that such actions affect not only the individual rights but their entire household.
The judgment was delivered during the hearing of a petition (295/2022) filed by Maulana Mahmood Asad Madani, President of Jamaat Ulama-i-Hind. The Court also acknowledged the contributions of senior counsel MR Shamshad and others for assisting the Court in formulating guidelines on this matter.
The Court’s ruling emphasized that allowing such actions would undermine the rule of law and violate the principle of separation of powers, as determining guilt is the responsibility of the judiciary, not the administration. The Court further stated that demolition based solely on accusations weakens the rule of law and amounts to a violation of constitutional principles. It also highlighted that such actions could be seen as imposing “collective punishment” on the families of those accused or convicted.
The Court also directed that officers involved in demolitions without legal due process should be held accountable, and compensation should be recovered from them if they are found guilty.
Supreme Court’s Guidelines on Bulldozer Justice:
- A detailed inspection report must be prepared by the relevant authority before any demolition action.
- The demolition process must be recorded via videography.
- The demolition report must include the names of police and civil officers involved in the action.
- The report must be sent to the Municipal Commissioner and made available on a digital portal.
In case of violations of these guidelines:
- Contempt of court proceedings and legal cases will be initiated.
- Officers responsible for violations will be personally held accountable for the restoration of the demolished property and compensation for damages.
- A directive has been issued to send the judgment to the Chief Secretaries of all states and Union Territories and the Registrars General of all High Courts.
- All state governments have been instructed to issue circulars informing their authorities about the decision.
Niaz Ahmad Farooqui
Secretary, Jamiat Ulama-i-Hind
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