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New Delhi, 17th September 2024: The Supreme Court of India has issued a temporary ban on bulldozer actions across the country until the next hearing on October 1. The court emphasized that no demolition should occur until then, except for illegal encroachments on public spaces such as roads, footpaths, and railway lines.

The Centre questioned the broad nature of the ban, with Solicitor General Tushar Mehta stating that constitutional institutions should not be constrained this way. In response, the bench of Justice BR Gavai and Justice KV Vishwanathan remarked, “If the action is stopped for two weeks, the sky will not fall. You stop it; what will happen in 15 days?”

The court clarified that it is not affected by external noise or perceptions about the nature of the actions and stressed that if even a single illegal demolition occurs, it would be unconstitutional. However, the court also stated it will not interfere with actions against illegal encroachments, but officers should not take on judicial roles.

The Central Government countered, claiming that the petitioners were arguing the demolitions were targeting a particular religion. However, the court maintained that their current focus is on regulating the demolition process to ensure due procedure is followed.

Representatives of Jamiat-e-Ulema-e-Hind highlighted that, despite previous court orders, demolitions took place after incidents of stone-pelting. They noted that such actions happen frequently, creating an atmosphere of fear and unrest.

The Solicitor General provided examples, including a case in Madhya Pradesh where 70 shops were demolished, 50 of which belonged to Hindus. The government argued that those affected by the demolitions had not approached the court because they knew the constructions were illegal.

The Supreme Court will revisit the matter on October 1. Until then, all bulldozer actions, aside from those targeting illegal encroachments on public land, are to be halted.

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