The Supreme Court’s ban on demolition: The right thing to do
Published on: 14 October 2024, 05:35 am
The recent Order of the Supreme Court banning 'bulldozer justice' is a much-needed step in the right direction, writes Talha Abdul Rahman.
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THE recent Order by the Supreme Court to restrict bulldozer justice marks a significant milestone in the current legal landscape of India. The Order signifies a critical intervention to uphold the principles of justice and dignity of courts, eliminate apparent biases and curb the centralisation of executive power which has affected not just Muslims but various other fragments of the society— which the law has been consistently trying to cement since Independence of India.
Citizens of the country have long harboured the perception that the government was using bulldozers and alleged construction law violations to target and demolish the properties of individuals merely accused of crimes. Such actions were seen as extrajudicial punishments, undermining the bedrock of the rule of law.
The Supreme Court's Order quietly recognises that construction laws are meant to regulate development and prevents them from being weaponised for political ends. Therefore, the ban on demolitions should be seen as 'the right thing to do' for several compelling reasons.
First and foremost, this Order helps to eliminate the possibility of apparent bias in the administration of justice. Even if there is violation of construction law, the penalty for the same can wait— and the system of laws themselves should be so pure and independent that ordinary persons should not be able to correlate the penalty for one act with the other.
“First and foremost, this Order helps to eliminate the possibility of apparent bias in the administration of justice.
In a country where the violation of construction norms is itself a norm, the selective enforcement of these laws to punish individuals accused of crimes had created a perception of bias and unfairness— where every person thought they knew the real reason why the said demolition had been carried out.