From the type of decisions made by the Supreme Court on the action of the excavators in recent days, it seemed that a strict decision would be made on Wednesday. In the case related to Jamiat Ulema-e-Hind v North Delhi Municipal Corporation and others, the Supreme Court has clearly said that arbitrary attitude in this matter will not be tolerated. Officials cannot work arbitrarily. Without a hearing, the accused cannot be declared innocent. Delivering the verdict, the judge said: ‘The desire to have a home of one’s own is in every heart. The court said at the beginning of its decision: ‘Having your own house, your own yard, everyone lives in this dream. It is the desire of the human heart that the dream of a home is never lost.
But the question is whether the orders given by the Supreme Court will be followed. The orders passed by the Supreme Court are important but who will enforce them? Although this decision is related to the Delhi government, there is no doubt that after this decision, it will be difficult for the Yogi government to take bulldozer action. But it cannot be said that it is completely impossible. The executive has unlimited powers. On this basis, every year the executive fails to comply with hundreds of orders of the Supreme Court for various reasons. Many times it happens that the court has to issue a contempt of court notice, but the executive avoids it. This happens when the will of the government is not involved in it. Even if the state government wanted the administration to do this work, will the bulldozer action stop?
1-The court should think about why the public is happy rather than angry about the bulldozer’s action.
The Supreme Court’s decision has logical foundations. There can be no question how the state government unethically demolishes someone’s house? After all, how can a house built by a criminal years ago suddenly become a squatter? But you also have to think that when the government comes to demolish someone’s house, there is a wave of happiness among the general public. This means that the government’s bulldozing action is a popular step. If we look only at UP, a media survey revealed that 54 per cent people had said that the Yogi government’s bulldozer action was an effective step against the mafia. While 31 percent said it was effective to some extent. Only 15 percent called it a publicity stunt by the Yogi government. In such a situation, it is clear that as long as the people have the freedom to choose their ruler, governments will continue to make popular decisions. So will the court also have to think about limiting democracy? The answer is simple, no. Instead, the court will have to think about how those illegal actions of any state are transformed into a popular decision. The answer is that when common people do not get timely justice in the courts, then the public starts getting justice for themselves or waits for some powerful person or institution to fulfill their sincere wish.
The popularity of the Yogi government’s bulldozer action has become such that state governments across the country used the bulldozer action to increase its popularity. Today’s decision is also related to the Delhi government and not UP. People across the country are demanding their rulers to do what Yogi is doing in UP. This is the reason why the action of an excavator has been considered synonymous with Yogi. Every time a crime is committed in Uttar Pradesh, the general public starts asking why the government is not taking bulldozer action. In fact, the public understands that if justice is not done immediately, justice will never be done. Because as soon as crime cases reach court, hope for justice is lost. The most serious criminal goes to jail and is released on bail a few days later.
It is not even known when murder and rape criminals, who do not have a media trial, are secretly released on bail. If there are important people and they have vote banks, then they keep getting out of jail on parole, no one is going to ask. The convict in the Jessica Lal murder case is released for good behavior long before completing his life sentence. In many very serious cases, it is not hidden from anyone when the accused Gurmeet Ram Rahim Baba goes to jail and when he comes out. As long as these types of incidents continue to occur in court, the public will continue to welcome ideas such as bulldozer action.
2- How many bulldozer action cases has the court handled so far?
Even after the Supreme Court’s decision, to give confidence to the common people, it is necessary to report on how many cases of bulldozer actions of the state government the court acted suo motu. How many officers have been suspended by the court? In fact, unless the court makes such decisions, no change will occur. The court’s decision will be praised for 2-3 days, then the same will be slapped again. Governments do what the public likes. Just a week ago, the court made a very harsh comment on the demolition of a person’s house in connection with the widening of the road to four lanes in Maharajganj district and also imposed a fine of Rs 25 lakh on the Uttar government Pradesh. Currently it is an action carried out for urbanization works. With this, the government did not intend to demolish a criminal’s house for trespassing reasons. However, the court heard from the victim. But the important thing behind this was that the person who was going to court was from a good family. Otherwise, and not to mention the Supreme Court, how many people in the country have the ability to even reach the High Court and the District Court for justice? Working as a court lawyer and reaching the High Court every day is not within the reach of common people. The government tore down the house, the lawyers’ court date, the wife tore down all the children’s aspirations.
3-5 points from the Supreme Court on bulldozer action that are good to hear but difficult to implement.
– The Supreme Court has said that the state or the official cannot take bulldozing action against the accused or the culprit against the rules.
The government still cannot act against the rules. There were many such cases in the state where the government could not act with a bulldozer even if it wanted to. Because no base could be formed. Apart from this, it is also true that if the authorities prepare the ground poorly, how will the victim communicate his views to the Supreme Court or the High Court? To this end, the court should take measures so that anyone who wants to fight the action of the bulldozers receives free legal assistance.
The court says that if the state government arbitrarily violates the rights of the convicted person or the accused, then compensation must be awarded.
Once again, the question remains who will decide whether the state government acted arbitrarily. To prove the government wrong, we will have to go to court. And until justice is universally accessible, how will the court stop the bulldozing action of state governments?
-The Supreme Court said that officials must also be informed that if the excavator’s action is found to violate court orders, the officials involved will be responsible, at their personal expense, for the reimbursement of the demolished property, in addition to the payment of damages and losses.
This arrangement is wonderful. It is necessary for the authorities to impose similar sanctions for other activities as well. The court should make such orders even in corruption cases. But the fear of such a law is that officers will be afraid to act in the right case. For example, if there really is a case of illegal occupation, no official will participate in it. Because you will temporarily be considered guilty and will have to pay the fine from home. In any case, territorial issues last for decades and no decisions are made. In this way it will be difficult to comply with the law.
