Congress leader Rahul Gandhi on Monday said the “anti-constitutional face of the BJP, which has crushed humanity and justice under a bulldozer, has now been exposed”, and praised the Supreme Court for its observation regarding the demolition of houses of the accused.
When many state administrations are demolishing the houses of people involved in criminal cases with bulldozers, the Supreme Court raised the question that how can someone’s house be demolished just because he is an accused. The court said that it will prepare guidelines on this issue, which will be applicable across the country.
In a post in English on X, Gandhi, the leader of opposition in the Lok Sabha, said that “the court’s comment on the BJP’s unconstitutional and unjust ‘bulldozer policy’ is welcome.” “The anti-constitutional face of the BJP, which has crushed humanity and justice under the bulldozer, is now exposed before the country,” Gandhi said.
Gandhi said the bulldozer, which has become a symbol of unbridled power, is constantly crushing civil rights and arrogantly challenging the law. “Often the houses of the Bahujans and the poor come under the bulldozer, which is being used to establish the ‘reign of fear’ under the guise of ‘instant justice’,” the former Congress president said.
He said, “We hope that the Supreme Court will issue clear guidelines on this very sensitive issue and protect the citizens from this anti-democracy campaign of the BJP governments. Gandhi said, “The country will run by Baba Saheb’s Constitution, not by the whip of power.”
A bench of Justices BR Gavai and KV Vishwanathan said, “How can someone’s house be demolished just because he is an accused? Even if he is guilty, it cannot be done without following the procedure prescribed by law.” However, the court said it would not patronise any unauthorised construction or encroachment on public roads.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, referred to an affidavit filed earlier by the state in the case. He said the affidavit states that merely because a person has been accused of being involved in a crime can never be a ground for demolition of his immovable property. Mehta said the state has stated that demolition of immovable property can be “only for violation of the procedure prescribed in the relevant applicable municipal law or the law governing the development authorities of the area”.
He said that no immovable property can be demolished merely on the ground that the owner or occupant of such property was involved in any criminal offence. Emphasising on the need to frame guidelines on the issue, the bench said that it is necessary to ensure that neither any person takes advantage of the loophole nor the authorities take advantage of the loophole.