BULDOZER IN ACTION-AN IRON HAND OF EXECUTIVE (Bye-bye to ‘Rule’ of Law and ‘Due Process’ of law?)

True, in our constitutional frame-work and legislative regime, the Executive had all the powers and means to tackle the situation which pose serious threats to National Security and/or which tend to disturb the equilibrium of law and order or disturb the peace and tranquility. But. there is a rider that all such powers should be exercised and means should be applied within the bounds and parameters of Rule of Law, in built in our Constitution, as also, the parameters fixed and limitations provided by another wing of the Governance, i.e. the Legislature (may that be Central Legislature or the State Legislature), itself.

Before venturing further, it may be of some interest to note that, even while discussing an issue of national importance in legal perspective, given the contemporary, Nation-wide political scenario and ever growing social divide amongst society on communal lines, by very nature of things and as of necessity for completion of narration, a reference to action or in-action of the Ruling Government and/or the Political Will and ambition of Party forming the Government, is bound to come. However, such reference is restricted to that much extent. Instant endeavour is a sincere attempt to high-light the issues in legal perspective, focusing on adoption of peculiar modus operandi, while dealing with protests and agitations by citizenry, which in the recent past had shown an ugly drift, suggesting action or in-action on the part of Governments and their Executive hands, apparently working under some hidden political agenda. Be that as it may be.

Coming to the issue at hand, evidently, after massive win of BJP in recent elections to five State Assemblies, particularly, that of Uttar Pradesh State Assembly, the ‘Bulldozers ’ have been rampantly made operational or put in action, as dragon tool, primarily to tackle the problem of ever mushrooming illegal and unauthorized constructions, and to crush any of such construction or building or structure coming under the radar of authorities concerned, viz. the Development Authority of the City concerned or the Municipal Body. Rightly or wrongly, is a different issue. But, there are sufficient indicators suggesting that the objective targets remained ‘selective’. Then there is an unprecedented drift in targeted purpose, now the Dragon is put in action, purportedly to deter and coerce rioters and/or criminals. Both way, dragon's movements, if seen in the light of available inputs, put a big question mark on bona fides and legality of modus operandi of enforcement wing of the Executive, particularly, the concerned Public Administration, backed by Police force.

Position in law is very clear.

So far as, demolition of illegal and unauthorized constrictions and structures are concerned, when it comes to violation of rules and norms relating to Planning and Development of a particular City or a part thereof, determinative parameters are generally spelt out in Master Plan or lay-out plan of the City/Area concerned. Demolition or removal of the building/structure is always restricted only to that much portion of Building or structure which does not conform to the sanctioned plan or which does not have sanction at all. Instances of demolition or destruction of entire structure or building are rare and exceptional. Need not t say, even in such cases, principles of natural justice are required to be followed without exception. Least that is required it to give prior notice and to afford sufficient opportunity to defend his interest. But, few instances of recent past show no indication or even a semblance of indication that while resorting to such a drastic measure, any of the enforcing agencies or authority is adopting that course. Dictates and political wills of the Executive Heads of the Government/s are the last word for them.

Situation at the other side of the spectrum is, too grim and annoying. Post-2022 win, in over-enthusiasm and in an uncontrollable urge to boastfully demonstrate the State’s Mussel Power and Might, under a particular political big-wig belonging to a particular political party, the ‘Bulldozer’ had emerged as a ‘New Innovative Mechanism’ in ‘New India,’ to selectively crush and destroy, either the residential houses or commercial premises in their entirety, just on apprehension that someone might have committed some crime or might have been a member of the group of protestors or agitators, which eventually turned out to be violent. Behind the smoke-screen of action against illegal constructions and/or encroachments, a hidden agenda is at work. Now, it is an open secret.

There is no need to stretch the discussion any further, suffice to cite, one or two of such instances, wherein, the State resorted to Bulldozer pressure tactics in order to crush and deter protestors and agitators who allegedly indulged in violence while protesting against highly objectionable and derogative remarks made by one Nupur Sharma, a BJP spokesperson against Prophet Mohammad Paigambar. They were demanding the arrest of that lady and few others

 It is different thing that those remarks of the lady received very serious condemnation and objections around the Glob, particularly, from several of Muslim Countries. Heavy resentment and strong voices from few Gulf-countries made the BJP Party to suspend its spokesperson Nupur Sharma and disown her comment as also to expel one of its big leaders, namely Naveen Jindal. Process further led to the issuance of Guidelines and Advisory as to how the party Workers and leaders shall conduct themselves, while taking to medial or to public.

The cause of concern still remains with regard to be abrupt resort to drastic action of demolition of houses or commercial premises of alleged accused, that too, after their arrests and by taking shelter under Development Rules/Regulations.

Glaring example of such atrocity is the ‘bulldozing’ of the house of one of the accused of riots in Prayagraj, namely, Jawed Ahmad, allegedly, who was the mater-mind behind the Riots in Allahabad. Authorities with ‘Bulldozers’, never cared to ascertain whether the Building in question, in fact belonged to said Jawed or not. Besides, the shortest notice, itself is an indicator that, entire exercise was taken mala fide, in a haste to obey the dictates of and appease some highly placed political Boss.

By now, more than 300 protestors have been arrested. More intriguing and disturbing is the open directions of the hon’ble Chief Minister of Uttar Pradesh to invariably invoke provisions of NSA and Gangsters Act.

Then there is yet another grey area. Conspicuous silence of his Excellency, the President of India, is too disturbing a feature. Being the Constitutional Head of the State Executive, the duty of his Excellency, the President of India, calls for his intervention in such like situations. Need not to state that that, the role of the hon’ble President is not limited only to appear on ceremonious occasions so as to promote and propagate ideologies of the Government and/or to count its achievements.

Surely and certainly, this is a time that our higher/highest Judiciary steps in and take stock of the ever growing trend of crushing the protest and agitations by adoption of such type of un-constitutional, illegal, unethical and immoral modus operandi.

Thanks to those dignified former Judges of Supreme Court and few High Courts, who alongwih few senior advocates have written a Letter Petition to the Hon’ble Chief Justice of India, seeking immediate judicial intervention in the matter.

 Hope and expect that this Letter gets a positive response from the Supreme Court.

Too much, too little.

N. K. Vuttsya
 (Advocate)
Writer and Consultant Editor
Capital Law Infotech (Delhi)
88266 70911

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