India Tomorrow
NEW DELHI: Welcoming the Supreme Court’s decision that even illegal houses of a convict cannot be demolished without due process of law, Jamiat Ulama-i-Hind president Maulana Arshad Madani said that the court’s comments underscored the unacceptable nature of demolishing properties merely based on criminal accusations.
Maulana Madani emphasized that such demolitions are not only unjust but also violate the principle that even accused individuals should not face the destruction of their homes without due process.
He expressed hope that the final decision would favour the victims and ensure justice. Supreme Court made the comments while hearing several petitions challenging the illegal bulldozer actions targeting Muslim properties, particularly in states governed by the Bharatiya Janata Party (BJP).
During the hearing, the court suggested that it would formulate guidelines for all states. A two-judge bench of the Supreme Court, comprising Justices B.R. Gavai and K.V. Viswanathan, has scheduled the next hearing for September 17. The court has directed the parties involved to provide recommendations regarding the guidelines to control the bulldozer actions.
President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, also welcomed the Supreme Court’s decision to formulate guidelines for all states regarding bulldozer actions. He praised the court’s comments during the hearings on ongoing bulldozer actions in several states, stating that the Supreme Court has highlighted the issue of demolishing properties of alleged offenders. The court remarked that even if someone is a criminal, their property should not be destroyed, emphasizing that it is unacceptable to demolish someone’s home just because they are accused of a crime.
Maulana Madani stated that JUH had requested the court that bulldozers should not be used against anyone’s property. He further remarked that once the Supreme Court issues guidelines, state governments will be legally bound to enforce them.
Regarding Solicitor General of India Tushar Mehta’s remarks targeting Jamiat Ulama-i-Hind once again, Maulana Madani responded that our mission is to provide justice to the oppressed and serve humanity impartially. “
Jamiat Ulama-i-Hind seeks justice for all those who have been subjected to bulldozer actions. In areas where demolition has occurred under the threat of firearms, the people are living in fear,” Maul;ana Madani said.
Jamiat Ulama-i-Hind approached the Supreme Court based on the requests of the affected individuals and justice-loving citizens.
Jamiat Ulama-i-Hind has filed a petition in the Supreme Court in the public interest, which the court has accepted for hearing. Therefore, targeting Jamiat Ulama-i-Hind repeatedly is an affront to the position of the Solicitor General. During the hearing, the Solicitor General of India informed the court that an affidavit had been submitted in the petition of Jamiat Ulama-i-Hind, Diary No. 11955/2022.
While presenting on behalf of Jamiat Ulama-i-Hind, Senior Advocate C.U. Singh informed the court that, to date, only the Uttar Pradesh government has submitted an affidavit, which was referenced by the Solicitor General of India. The Solicitor General stated that demolition of properties cannot be justified solely on the basis that someone is an accused in a case. Justice Gavai remarked that he wished to record the Solicitor General’s statement. In response, the Solicitor General confirmed that he stood by his statement but suggested that it should be recorded only after the court has heard all arguments thoroughly.
During today’s hearing, Solicitor General of India Tushar Mehta once again targeted Jamiat Ulama-i-Hind, stating that those whose properties were demolished by bulldozers are not present in court today and that the petition was filed by Jamiat Ulama-i-Hind. In response, Senior Advocate C.U. Singh informed the court that along with Jamiat Ulama-i-Hind, fresh affidavits have been submitted by Arshad Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, whose properties were subjected to illegal bulldozer actions. C.U. Singh further suggested that the court should issue guidelines for all states to regulate bulldozer actions.
The court has directed all parties, including state governments, to submit their recommendations by September 13. The next hearing of the case has been scheduled for September 17 at 2 p.m. Senior Advocate C.U. Singh informed the court that bulldozer actions initially started in Uttar Pradesh and have now spread to various states, making it essential to put a stop to them. He further stated that a specific community is being continuously targeted, and the rule of law is being flagrantly violated.
C.U. Singh stated that even after the Supreme Court’s order concerning the demolition around the Jahangirpuri Jama Masjid, the demolition of shops and homes continued for an additional hour and a half. During this time, the affected individuals repeatedly informed the police and MCD (Municipal Corporation of Delhi) officials that news channels were reporting that the Supreme Court had immediately halted the demolition activities. They requested that the demolition be stopped. Unfortunately, this reprehensible process was not halted, and the demolition continued unabated.
During the hearing, a heated debate occurred between Solicitor General of India and Senior Advocate Dushyant Dave. The Solicitor General claimed that Senior Advocate Dave was trying to sensationalize the matter for the media. The court intervened to mediate between the two lawyers and directed them to submit their recommendations regarding the guidelines to the court.
During the hearing, the two-judge bench remarked that bulldozers cannot be used to demolish the property of an accused or even a convicted person without due process. They emphasized that legal procedures must be fully completed before any demolition actions are initiated.
In 2022, the Supreme Court of India took serious notice of illegal bulldozer actions on Muslim properties in various states, including Delhi’s Jahangirpuri, Uttar Pradesh, Madhya Pradesh, Gujarat, and Uttarakhand. The court had issued a notice to the central government and the concerned states, seeking responses regarding these demolitions.
Recently, bulldozer actions targeting Muslim properties have occurred again in Madhya Pradesh and Rajasthan, bringing the issue back into the spotlight. Last week, lawyers requested an expedited hearing on the matter, leading to today’s court session. Jamiat Ulama-i-Hind has filed a petition with the Supreme Court challenging these bulldozer actions across various states, including Delhi.
