SC Stops Bulldozers In Delhi But Ideally The Centre Must Step In
The India Commentary view
View all posts by this Author
By Our Editorial Team
First publised on 2022-04-21 03:15:30
About the Author
The India Commentary view
View all posts by this Author
Just a week ago, commenting on the use of bulldozers for 'instant justice' against alleged rioters in MP, India Commentary had opined that rule of law and due process must always be followed in all executive action. Since then, the demolition machine has been used in Gujarat and yesterday, the NDMC used it in Jahangirpuri in Delhi to move against alleged rioters, before the Supreme Court stopped it by asking the body to maintain status quo at site. This is executive highhandedness at its worst as it ignores the need to identify rioters, collect evidence, present it in court and get them punished as per the laws of the land and instead makes the executive the judge, jury and executioner by meting out punishment without giving the accused the right to defend themselves.
As reports come out of people in jail being named as rioters or one with amputated hands being named as 'stone pelter' and getting their houses demolished, the dangers of moving against suspected rioters in this way become evident. No person can be punished for whatever criminal act he or she is accused of until and unless his or her crime is proved in a court of law as per an existing, valid law of the land. By ignoring this and by using the might of the state against them, under whatever excuse, the administration is taking the law in its hands, the very thing it punishes ordinary citizens for doing. Also, such a drive against one particular community gives the impression that only that community is indulging in encroachments whereas the reality is different.
The common excuse being given in all places for using bulldozers to demolish structures is that they existed on 'encroached' public land. Has that been proved in a court of law? Were notices issued for the alleged encroachers to vacate the land? Was a court order directing them to vacate obtained and served on them? Further, why was action taken after the riots? The manner in which such action is being taken across India shows that there is a desire to teach a lesson to a particular community. Governments must respect the law, avoid arbitrariness and follow due process. If the government endorses such instant justice, what is the difference between it and unruly mobs?
