MP Bulldozers | SabrangIndia News Related to Human Rights Mon, 02 Sep 2024 13:15:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png MP Bulldozers | SabrangIndia 32 32 Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions https://sabrangindia.in/supreme-court-rebukes-bulldozer-justice-plans-to-issue-nationwide-guidelines-to-prevent-arbitrary-demolitions/ Mon, 02 Sep 2024 13:15:02 +0000 https://sabrangindia.in/?p=37596 The Court criticised the practice of demolishing properties based on criminal accusations, emphasizing the need for due legal process; states that comprehensive guidelines are essential to ensure that demolitions follow proper procedures and do not target legal structures or communities

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The Supreme Court on Monday strongly criticized the practice of “bulldozer justice,” asserting that properties cannot be demolished simply because they belong to someone accused of a crime. For context, “bulldozer justice” refers to the controversial practice where state authorities use bulldozers to demolish the homes or properties of individuals accused of crimes, often without following due legal process. The Court emphasized that even in cases where a person is convicted, property demolition cannot occur without adhering to the due process of law. The Court indicated its intention to establish nationwide guidelines to address this issue.

During the hearing of several petitions challenging demolition actions taken by authorities against the homes of individuals accused of serious crimes, a bench comprising Justices B.R. Gavai and K.V. Viswanathan questioned the rationale behind demolishing someone’s house solely based on criminal accusations. “Even if the individual is convicted, such actions cannot be justified without following the legal procedure,” the bench stated, as per LiveLaw.

However, the Court made it clear that it would not extend protection to any illegal structures that obstruct public roads. Justice K.V. Viswanathan further remarked that demolishing a house just because it is associated with a person accused of a crime is not the appropriate course of action, pointing out that even if a household member is involved in criminal activity, the property itself should not be targeted without due legal process.

The bench suggested that clear guidelines should be established, including requirements for issuing notices, allowing time for responses, and providing legal remedies before any demolition is carried out. This approach, the Court noted, would prevent arbitrary demolitions and ensure adherence to the rule of law.

The pleas before the Bench:

The Supreme Court was hearing two urgent applications challenging recent demolition actions by authorities in the states of Madhya Pradesh and Rajasthan. These pleas have been moved by the victims, Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, whose homes were targeted. Senior Advocate CU Singh mentioned one of the applications earlier in the day, requesting it be heard alongside the ongoing Brinda Karat v. North Delhi Municipal Corporation & Ors case, which challenges the 2022 demolition drive in Delhi’s Jahangirpuri.

Two pleas have been submitted to the Supreme Court, seeking directions to prevent the Central and State governments from using bulldozers to demolish homes or shops of individuals accused in criminal cases as a form of extra-legal punishment.

One of the applications was filed by Rashid Khan, a 60-year-old auto-rickshaw driver from Udaipur, whose house was demolished by the Udaipur district administration on August 17, 2024. This action followed communal clashes in Udaipur after a Muslim schoolboy allegedly stabbed his Hindu classmate, who later died from his injuries. The incident led to the issuance of a prohibitory order, after which vehicles were set on fire, and markets were closed. Khan, the father of the accused schoolboy, stated in his plea that his house was demolished illegally, arbitrarily, and with malicious intent in a rushed operation carried out by the Regional Forest Officer of Udaipur West, the Government of Rajasthan, and the Udaipur Municipal Corporation. The authorities claimed that the house had encroached on forest land. According to The Indian Express, the family received a notice from the forest department on the morning of the demolition, but the landlord failed to provide ownership documents. Despite attempts by Khan to stop the demolition by approaching the municipal corporation and the police, both were unresponsive. In a video that surfaced after the demolition, Khan, who identified himself as the landlord, mentioned that four other families also lived in the house and were asked to vacate. Khan expressed his anguish, stating that he lost his home without any fault of his own.

Similarly, Mohammad Hussain from Madhya Pradesh has also alleged that his house and shop were unlawfully bulldozed by the state administration. Both Khan and Hussain’s applications were filed in the context of a case previously submitted by Jamiat Ulama I Hind, which objected to the demolition of Muslim homes in Haryana’s Nuh following communal violence between Hindus and Muslims.

A detailed report can be read here.

 Arguments made during the hearing:

During today’s Supreme Court hearing, Solicitor General Tushar Mehta defended the practice of demolishing illegal structures, asserting that demolitions should only occur in compliance with legal standards. He emphasized that properties cannot be demolished simply because their owners are accused of crimes. An affidavit from the Uttar Pradesh government was also submitted, affirming that demolitions would be conducted strictly in accordance with the law.

“No immovable property cannot be demolished just because the accused is involved in a criminal offence and such demolition can only happen if the structure is illegal,” Solicitor General Mehta said.

Justice BR Gavai responded positively to Mehta’s statements, indicating that the Court is inclined to establish guidelines based on this understanding.

So if you are accepting this … then we will issue guidelines based on this,” Justice Gavai replied, as per LiveLaw.

He suggested that these guidelines could outline the procedural steps that must be followed before any demolition, including issuing notices, allowing time for responses, and providing opportunities for legal remedies.

What you have said is fair. Why cannot such guidelines be passed?” the judge remarked, addressing the Solicitor General (SG).

Justice KV Viswanathan supported this approach, noting that the guidelines could address how to handle demolitions in a fair and documented manner, ensuring that actions are legally sound and not based merely on accusations. He stressed the importance of creating a transparent process to prevent arbitrary demolitions.

Mehta agreed that the guidelines should ensure that only illegal structures are targeted and clarified that temporary structures might need to be addressed promptly. He also acknowledged that the Court would not protect any structure obstructing public roads, even if it were a place of worship.

we will not protect any illegal structure obstructing public roads … That includes a temple also. We are on broad guidelines so that there is no bulldozer tomorrow and so that it is documented and checked so that either side cannot point any lacunae … Demolition on any such ground of being an accused is not correct,” the Bench stated.

That is not the way also,” SG Mehta said, in turn.

Senior Advocate Dushyant Dave, representing Jamiat Ulama I Hind, cited a specific case from Jahangirpuri, Delhi, where he alleged that a house was demolished unfairly despite the tenant, not the owner, being accused of a crime. He described how officials had carried out the demolition despite a lack of proper authorization and sought additional personnel to continue the action.

On April 16 permission was sought for protest … it was refused.. then also they did it and then the officials sought more men to demolish the properties.. Is this fair? … Imagine, the house of a tenant and not even owner of the property was demolished,” Dave argued.

Advocate CU Singh echoed concerns about similar demolitions in Madhya Pradesh and Udaipur, where properties over 50 years old were demolished due to the alleged criminal activities of tenants or family members.

They demolished 50–60-year-old homes. The home was demolished because son or tenant of the owner is involved (accused in a crime). One case is from Madhya Pradesh and one from Udaipur,” Singh said.

The Court decided to reconvene on Tuesday afternoon to review the matter in detail and invited suggestions from all parties to help frame comprehensive guidelines. Justice Gavai urged both sides to avoid turning the Court into a battleground.

Mr. Dave, let us not turn the court into a battleground. We expect (this from) both sides,” Justice Gavai had said.

Meanwhile, Solicitor General Mehta and Senior Advocate Dave had exchanged remarks on the proceedings.

Not me. I have been respectful. I am not behaving like a street fighter,” quipped SG Mehta.

Such below-the-belt remarks … You are the Solicitor General of India,” Dave shot back, as per LiveLaw.

Notably, the Supreme Court also granted the National Federation of Indian Women permission to intervene in the case, with Advocates Nizam Pasha and Rashmi Singh representing them. The matter has been scheduled for further hearing on September 17, with the Court requesting Senior Advocate Nachiketa Joshi to compile and present the proposed suggestions.

 

Related:

Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan

Mumbai: Hundreds of people displaced after demolitions in Jai Bhim Nagar

As Delhi votes this week for the Lok Sabha 2024 election, those affected by demolitions and evictions lack trust in the parties

Demolitions as retributive state policy used against minorities in India: Amnesty

‘Ethnic cleansing by State?’ HC stops Haryana’s Nuh & Gurugram demolitions

 

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Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan https://sabrangindia.in/supreme-court-to-hear-urgent-pleas-against-state-sanctioned-bulldozer-demolitions-in-madhya-pradesh-and-rajasthan/ Mon, 02 Sep 2024 07:14:26 +0000 https://sabrangindia.in/?p=37573 Two pleas filed by two victims challenge the extrajudicial demolitions as a violation of fundamental rights, urging the Supreme Court to curb the rising trend of "bulldozer justice" targeting marginalized communities

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In recent times, state-sanctioned “illegal” demolitions have become a disturbing trend in India, often targeting individuals, mostly belonging to the marginalised or the religious minority communities, linked to alleged criminal activities or social unrest. These actions, frequently executed without proper legal notice or due process, have raised significant concerns about the abuse of power and the infringement of fundamental rights. The use of bulldozers to demolish homes has been criticized as a form of extrajudicial punishment, bypassing established legal procedures and undermining the rule of law, and has been termed as “bulldozer justice”. The Supreme Court of India has been approached multiple times to address these issues, reflecting the urgency and severity of the situation, however no concrete solution has come from the highest court of the country.

Today, the Supreme Court is set to hear two urgent applications challenging recent demolition actions by authorities in the states of Madhya Pradesh and Rajasthan. These pleas have been moved by the victims, Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, whose homes were targeted. These cases will be taken up post-lunch by a bench comprising Justices BR Gavai and KV Viswanathan. Senior Advocate CU Singh mentioned one of the applications earlier in the day, requesting it be heard alongside the ongoing Brinda Karat v. North Delhi Municipal Corporation & Ors case, which challenges the 2022 demolition drive in Delhi’s Jahangirpuri.

Mentioning the present case, Singh had highlighted the plight of a family whose ancestral home was partially demolished on the same day a family member was arrested, leaving the house inaccessible. As underscored by Singh, the said demolition occurred without any prior notice, raising serious concerns about the legality of the action.

As per LiveLaws report, CU Singh had said “An application has been filed pertaining to an ancestral home…on the same day that one of the family members was arrested, the front of the ancestral home was demolished, making the entire place inaccessible…without any notice, without anything…if Your Lordships could list the IA alongwith…This is a person who is personally [injured]”.

Advocate-on-Record Fauzia Shakil mentioned the other application, wherein a house in Udaipur was demolished because the tenant’s son was accused in a criminal case.

“[Here], a house of a person in Udaipur was demolished because his tenant’s son was accused in a criminal case. He is personally aggrieved, he has also filed an IA. That may also be taken on record”, she said.

These above-mentioned cases are part of a larger pattern of state authorities using demolitions as punitive measures. The petitions echo concerns raised in earlier cases, including the 2022 Jahangirpuri demolition drive, where the Supreme Court had stayed the action but was urged to declare that authorities cannot use bulldozers as a form of punishment. Senior Advocate Dushyant Dave, representing some petitioners, had then emphasized that the right to a home is integral to the right to life under Article 21 of the Constitution and called for the reconstruction of homes that were unlawfully demolished.

Details of the illegal demolitions in Udaipur and Madhya Pradesh:

Two pleas have been submitted to the Supreme Court, seeking directions to prevent the Central and State governments from using bulldozers to demolish homes or shops of individuals accused in criminal cases as a form of extra-legal punishment.

One of the applications was filed by Rashid Khan, a 60-year-old auto-rickshaw driver from Udaipur, whose house was demolished by the Udaipur district administration on August 17, 2024. This action followed communal clashes in Udaipur after a Muslim schoolboy allegedly stabbed his Hindu classmate, who later died from his injuries. The incident led to the issuance of a prohibitory order, after which vehicles were set on fire, and markets were closed. Khan, the father of the accused schoolboy, stated in his plea that his house was demolished illegally, arbitrarily, and with malicious intent in a rushed operation carried out by the Regional Forest Officer of Udaipur West, the Government of Rajasthan, and the Udaipur Municipal Corporation. The authorities claimed that the house had encroached on forest land. According to The Indian Express, the family received a notice from the forest department on the morning of the demolition, but the landlord failed to provide ownership documents. Despite attempts by Khan to stop the demolition by approaching the municipal corporation and the police, both were unresponsive. In a video that surfaced after the demolition, Khan, who identified himself as the landlord, mentioned that four other families also lived in the house and were asked to vacate. Khan expressed his anguish, stating that he lost his home without any fault of his own.

Similarly, Mohammad Hussain from Madhya Pradesh has also alleged that his house and shop were unlawfully bulldozed by the state administration. Both Khan and Hussain’s applications were filed in the context of a case previously submitted by Jamiat Ulama I Hind, which objected to the demolition of Muslim homes in Haryana’s Nuh following communal violence between Hindus and Muslims.

Previous hearings in 2023:

On September 26, 2023, Senior Advocate Dushyant Dave had raised serious concerns about the increasing trend of state governments demolishing the homes of individuals accused of crimes. He emphasized that the right to a home is a fundamental aspect of the right to life under Article 21 of the Constitution. Dave’s remarks had then come during a hearing before the bench of Justices BR Gavai and Prashant Kumar Misra, which was considering a series of petitions related to a 2022 demolition drive in Delhi’s Jahangirpuri. This said Jahangirpuri demolition had been stayed by the Supreme Court, and the bench was also addressing broader issues regarding the use of demolitions as punishment by states against those accused of crimes.

Earlier, on July 10, 2023, Dave had expressed his concerns about the impact of ‘bulldozer justice’ on the families of accused individuals whose homes were demolished. He urged the Supreme Court to ‘settle the law’ on whether the state could exercise such powers, particularly when these actions appeared to target specific communities. Dave pointed out that the majority of those affected by the demolition notices in Jahangirpuri were Muslims, a claim that Solicitor-General Tushar Mehta sharply criticized as an ‘off-the-cuff submission.’ Mehta had countered it by stating that the area was predominantly Hindu, many of whom were also impacted by the demolition drive.

Despite this exchange, Dave continued to stress the urgent need for the court to establish clear legal guidelines to prevent the state from using demolitions as a form of punishment. He argued that the practice had become widespread, with states increasingly adopting bulldozer tactics to destroy homes of the accused, often even before any conviction. Dave highlighted the suffering of families whose homes were being destroyed unjustly, questioning what they had done to deserve such punishment. He urged the court to intervene, emphasizing that the right to a home is an integral part of the right to life and must be protected by law.

“But you’ll have to decide this once and for all. Every state is adopting this method of using bulldozers and demolishing homes. Everywhere, it has become a fashion. Imagine the plight of the families. The homes of accused people are being destroyed even before their conviction. Even if they were convicted, the court could not have imposed this sentence of demolition of their houses. Families are suffering. However heinous an alleged crime may be, you cannot go and demolish people’s homes. What have their families done to invite this punishment? This will need to be heard and the law needs to be laid down. This court must intervene because the right to a home is a part of the right to life,” Dave had then said.

 

Related:

Mumbai: Hundreds of people displaced after demolitions in Jai Bhim Nagar

As Delhi votes this week for the Lok Sabha 2024 election, those affected by demolitions and evictions lack trust in the parties

Demolitions as retributive state policy used against minorities in India: Amnesty

‘Ethnic cleansing by State?’ HC stops Haryana’s Nuh & Gurugram demolitions

 

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MP: CM, Mohan Yadav, continues bulldozer spree, Muslim homes demolished, partisan discriminatory governance at its height https://sabrangindia.in/mp-cm-mohan-yadav-continues-bulldozer-spree-muslim-homes-demolished-partisan-discriminatory-governance-at-its-height/ Mon, 26 Aug 2024 11:46:56 +0000 https://sabrangindia.in/?p=37490 Three days ago, August 23, news of bulldozers in action in a ‘bulldozer state’ made news, however fleetingly; new CM Yadav of MP was clearly following in the steps of his predecessor, predecessor Shivraj Singh Chauhan’s steps; weeks ago Congress leader and Rajya Sabha member Digvijaya Singh had demanded action against DM Sanjeev Srivastava for discriminatory anti-Constitutional acts

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The Mohan Yadav-led Bharatiya Janata Party (BJP) government in Madhya Pradesh has been facing some criticism after authorities in Chhatarpur demolished the home of a Muslim leader, destroyed his cars and paraded other Muslims over allegations of stone pelting during protests against Maharashtra priest Ramgiri Maharaj’s inflammatory remarks on Prophet Muhammad (peace be upon him).

Last Thursday, Free Press Journal reported that a bungalow and three luxury cars owned by Haji Shahzad Ali were destroyed alleging that his abode was built “without permission.” How and why such action, without due process or notice was followed by the authorities, has not even come up for any questioning. Normally, those who build “illegal structures” are given time even enough to approach the High Court and Supreme Court before such brazenly one-sided unilateral action is taken.

Under which provisions of the law was all this done? The administration first justified the demolition of the house by saying that it was on government land, then said that it was very close to a water body and then said that the land belonged to Shahzad Ali but the map of the house was not approved. In India or Madhya Pradesh is an entire house demolished if its plans are not approved by authorities – that too without proper notice is the question that needs to be sharply posed?

In April May 2022, following a spate of Ram Navmi procession related violence in Madhya Pradesh, Uttar Pradesh and Delhi, there were a spate of demolitions, equally unjust carried out. Sixteen homes at five locations, largely or only belonging to Muslims were demolished by the MP administration in Khargone, Madhya Pradesh. At the rime too the minority community had moved the MP High Court on the question. Same year, on April 21, 2022, the Supreme Court heard the petition filed by Jamiat-Ulama-i-Hind against demolition drive in Jahangirpuri and other states, namely – Uttar Pradesh, Madhya Pradesh and Gujarat, and extended the status quo orders on the demolition drive in Jahangirpuri. On being pressed by one of the petitioners for a stay on all such demolition all over the country, the Bench said that if selective, unlawful demolitions continue anywhere else, they should be brought to the court’s notice after which it would step in. To date there has not been a final resolution in the case. SabrangIndia has been tracking to the extent possible the spate of demolitions countrywide against the economically marginalised with minorities also becoming part of a specific target.

The evolution of demolitions and bulldozer as a fashion of brute justice has been seriously concerning and may be read about here.

August 23

Shahzad Ali, a former Vice President of Congress in Chhatarpur, was reportedly leading the protest demanding action against the priest for his blasphemous remarks. Apart from Ali’s bungalow, properties belonging to his brother and other accused were also demolished. This blatantly illegal and unconstitutional act of rough justice was reportedly carried out by the authorities after direct instructions from the CM, Mohan Yadav. Shockingly, the videos of the demolitions were also put out by the Chhatarpur Collector on his social media accounts on Thursday.

“Under the direction of the Chief Minister of the state, strict action was taken by the Chhatarpur district administration against the accused in the case of stone pelting on the Kotwali police. The building constructed without permission was demolished,” wrote the Chhatarpur Collector on Thursday.  While capturing the scene of the demolition and scattered debris, the video shows four bulldozers razing the bungalow. Four destroyed cars could also be seen.

The bulldozer action unleashed by the authorities against Muslims has come in for criticism. According to information, Shahzad Ali reached the police station, along with a huge crowd, to submit a memorandum over some objectionable comment on the Prophet. Gradually, it turned into a heated argument. Following which, the angry crowd started pelting stones to the police and injured the police officials. The police personnel reportedly staged an over-night protest against the attack and demanded strict action from the MP government.

On Thursday morning, additional forces from the border districts and senior officers reached the residence of Shahzad Ali rather promptly. The medical team also went along with them, in case any emergency situation arises.

The police broke the lock of the house, and started demolishing the illegal parts of the house with the help of an excavator machine. The exterior of the house has been razed to the ground. At the same time, all three machines have been installed from three sides.

The SP stated that they will take strict measures so to avoid such incidents in future. The city market has been shut today in support of the police.

This time, the largest opposition party, the Congress, normally not so vocal on such attacks on minorities was visible in its condemnation.

President Congress Party, Mallikarjun Kharge on X;

Demolishing someone’s home and rendering their family homeless is both inhumane and unjust. The repeated targeting of minorities in BJP-ruled states is deeply troubling. Such actions have no place in a society governed by the Rule of Law. The Congress Party strongly condemns the BJP state governments for their blatant disregard of the Constitution, using bulldozing as a tactic to instill fear among citizens. Anarchy cannot replace natural justice—offences must be adjudicated in courts, not through state-sponsored coercion.

Former chief minister, Madhya Pradesh and former Lok Sabha member, Digvijaya Singh on X:

छतरपुर की घटना की जितनी निंदा की जाय उतना कम है। किसी भी लोकतंत्र में किसी भी Investigating Agency व Prosecution को दंड देने का अधिकार नहीं हो सकता। “बुलडोज़र संस्कृति” को माननीय Supreme Court को संज्ञान में लेना चाहिए। इस विषय पर मेरी इंदौर High Court में 24/04/2021 से PIL पेंडिंग है। तारीक पर तारीक बढ़ाई जा रही है। जबकि मेरी Prayer क्या है? मैंने सांप्रदायिक घटनाओं पर माननीय Supreme Court के Directions जो राज्य सरकारों को दिये हैं उसका पालन एमपी सरकार करे, यही मेरी प्रार्थना है। उस पर माननीय इंदौर High Court द्वारा एमपी सरकार को Supreme Court के Directions पालन करने के आदेश देने में क्या एतराज होना चाहिए

मैं बुलडोज़र संस्कृति के खिलाफ हूँ। आरोपी को दंड मिलना चाहिए लेकिन दंड देने का अधिकार अदालत को है किसी भी प्रशासकीय अधिकारी या MP MLA साहब को नहीं है। छतरपुर में शहज़ाद अली का मकान पुलिस पर पथराव करने के कारण तोड़ा गया या अतिक्रमण करने के कारण तोड़ा गया? यह बात प्रशासन को खुलासा करना चाहिए।

Congress leader Digvijaya Singh is also on record before the media stating that he was in possession of a recording of the District Magistrate of Bhind in which he is allegedly heard saying that he will demolish the houses of Muslims, not Hindus. He is also allegedly heard saying that he will demolish houses only where there is a “Hindu Muslim angle.” In a recent murder case, for instance, the administration reportedly demolished the houses of the accused Muslims but refused to take such action against a Hindu accused in a similar case.  Some weeks before that, in Ujjain, in a rape case, the house of the accused Muslim was demolished but not that of the other accused, who was a Hindu.

Thereafter, Congress leaders led by former chief minister and Rajya Sabha MP Digvijay Singh on Friday, August 9, held a massive rally demanding the registration of an FIR against Bhind District Magistrate Sanjeev Srivastav for giving religious basis to demolish houses belonging to three accused in a murder case. According to a complaint filed by the Congress, at Srivastav’s direction, the administration bulldozed the houses of the three accused because of their Muslim identity. The complaint pointed out that the administration refused to bulldoze the house of an accused in another similar case because he was not a Muslim. The officials, the complaint said, also looted valuable items and cash from the bulldozed houses.

Likewise, the Times of India had recorded that, we saw the statement of the District Magistrate of Dindori, Ratnakar Jha, two years ago: “The shop and house of Asif Khan, the accused in the kidnapping of a student in Dindori district, have been razed to the ground. For two days, action has been taken against the shops and illegal houses of accused Asif Khan.”

What was Asif Khan’s crime? That he had married a Hindu woman. It was a legal marriage. But as happens in India, the girl’s family objected. The District Magistrate demolished Asif Khan’s father’s house, abusing his power with no authority under law or the Constitution and not only that, boasted of it freely. When confronted, he clarified that the villagers wanted his house to be demolished, so he demolished it.

Rajya Sabha MP and Congress leader Imran Pratapgarhi said he will approach the Supreme Court against the government’s action. He said the demolition shows the BJP’s hatred towards Muslims.

“See another example of the BJP government’s hatred against Muslims. In Chhatarpur, Madhya Pradesh, Haji Shahzad’s house was razed to the ground at the behest of the Chief Minister @CMMadhyaPradesh. @narendramodi Ji is roaming around the world chanting the slogan of Sabka Sath – Sabka Vikas and his state governments are finding excuses and demolishing the houses of Muslims. The Modi government, which took oath on the Constitution, is crushing the Constitution every day under this bulldozer. I will soon approach the Supreme Court on this issue,” he said.

Pratapgarhi added “Is this justice? In Chhatarpur, Madhya Pradesh, the administration not only demolished the house of Haji Shahzad but also bulldozed the vehicles parked in the house. @narendramodi Sir, are your governments running as per the Constitution? Is your Chief Minister not crushing your slogan of Sabka Sath, Sabka Vikas under the bulldozer?”

Prominent human rights activist and Delhi University Professor Apoorvanand said “Law being bulldozed. Also tells us that the Indian state apparatus has gone rogue driven by Islamophobia.”

Prominent Supreme Court lawyer Sanjay Hegde said: “If a Chief Minister can instruct the administration to bring your house down, it is the rule of law that has been bulldozed.”

Apart from the demolitions, the videos of the accused being paraded in the city by the police have also gone viral on social media. The videos show the police holding hands of the arrested Muslims being paraded and raising inflammatory slogans “Police Hamar Baap Hai, Apradh Karna Paap Hai” (Police is our father, committing crime is a sin).

Hate speech the root cause

The agitation by local Muslims that brought on the bulldozer action was fuelled by derogatory remarks on Prophet Mohammed made by Ramgiri Maharaj in Nashik, Maharashtra last week. The protesters demanded an FIR against the seer. The agitation turned violent and people began pelting stones at the Kotwali police station after being denied entry. It caused injuries to four police personnel. Following the protest, the Chhatarpur district administration demolished the residence of the leader identified as Haji Shehzad Ali, former district president of the Congress. The administration also demolished properties belonging to Shehzad’s brother and Councillor Azad Ali and a few other accused. As per a report by The Hindu, over 150 protesters were booked under various sections of the Bharatiya Nyaya Sanahita (BNS) including 109, 196, 197(1), 299, among others.

Addressing the demolition of Ali’s residence, the district collector stated that action was taken as part of an anti-encroachment drive and a prior notice had been served to Ali. It is to be noted that the accused has been absconding.

Meanwhile, it is also reported that an FIR was registered in Pune against Hindu religious leader Ramgiri Maharaj over his alleged objectionable remarks against Prophet Muhammad and Islam, police said on Wednesday.

“We have registered a complaint under sections under BNS section 302 (uttering words with intent to wound religious feelings), 192 (provocation with intent to cause riot) and others,” the official said. Multiple FIRs have already been registered against the Hindu seer in various cities across Maharashtra. Maharaj allegedly commented on Islam and Prophet Mohammad during a religious event in Nashik district, police had said.

The deep rooted hate and prejudices fuelled by an aggressive Hindutva, the self-acclaimed weaponised ideology of the BJP-RSS has impacted on countrywide hate crimes. Earlier, thanks to on the one hand infiltration of the ideology within the police and administration, crimes that were committed by Hindutva gangs or mobs are now being committed by the administration and the police. The Hindutvafication of the Indian state machinery is the most anti-constitutional development over the past decade. Individuals and institutions who are tasked to ensure safety, security and rights of the people now commit crimes (mis) using their authority.

Related:

BJP MLA threatens “JCB Bulldozer” if voters don’t vote for BJP

Bulldozer action against rat miner Wakeel Hassan, who headed team that evacuated 41 trapped workers from Uttarkashi tunnel; his home in Delhi demolished

Maharashtra: Bulldozer Raj, tensions rise in Kolhapur’s Laxtirth Vasahat Colony after administration demolishes Madrasa under pressure from Hindutva organisations

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MP: In CM’s Home District, Bulldozers Reduce 20 Homes Built Under PMAY to Rubble https://sabrangindia.in/mp-cms-home-district-bulldozers-reduce-20-homes-built-under-pmay-rubble/ Fri, 17 Feb 2023 05:12:13 +0000 http://localhost/sabrangv4/2023/02/17/mp-cms-home-district-bulldozers-reduce-20-homes-built-under-pmay-rubble/ For a 25-km road project, 53-km away from Bhopal at Bhaukhedi village, Sehore, the administration razed 20 PM Awas Yojana homes along with 200 others and a temple.

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Bhopal: The year 2016-17 was memorable for 50-year-old Suresh Jain, as his application for the Pradhan Mantri Awas Yojana (PMAY) and toilet scheme, got approval. It took him three years to build a three-bedroom-toilet house for his family of four, after loaning out Rs 1.50 lakh.

Jain is a resident of Bhaukhedi village of Ichhawar tehsil in Sehore district. The village is 53-km away from the state capital, Bhopal, and is the home district of chief minister Shivraj Singh Chouhan.

A below poverty line (BPL) card beneficiary, Jain, who earns Rs 5,800 a month working as a security guard at a private warehouse, was in a process of paying off that loan. But on the morning of January 30-31, 2023, a fleet of bulldozers, accompanied by policemen, landed at Bhuakhedi village and demolished his home along with 19 other houses built under the PM Awas Yojana or PMAY, labelling them as ‘encroachments’.

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“I had been living in that home (demolished) since I was 10 years old,” recalled Jain, while speaking to NewsClick. “I built this house with my sweat and toil and managed to secure benefits under PMAY and the toilet schemes, but in vain.”

 

 

Similarly, the district administration razed the houses of Kailash, Mohan Nath, Dinesh Das and Sankar who were allotted homes under PMAY between 2016-17 and 2020-21.

Apart from PM Awas houses and toilets, the district administration partially demolished 200 homes, shops and a few temples built on either side of Bhuakhedi village’s main road. 

The homes were demolished to construct an 18-km-long two-lane road worth Rs 25 crore under the Bhuakhedi-Amlaha road project. The Madhya Pradesh Road Development Corporation (MPRDC) last year floated a tender for the road to connect Ichhawar town directly with the Indore-Bhopal highway, which passes through the middle of Bhuakhedi village.

“Over 20 homes were demolished and 200 homes were partially razed down for a road project as it was constructed on government land,” Sub Divisional Magistrate, Vishnu Prasad told NewsClick. “Since it was an encroachment, MPRDC cannot offer any compensation to the families according to the laid down laws,” he added.

Prasad further said: “According to the work plan, the road needs 52 feet width for the construction. Yet, we have only acquired 40-42 feet of land to prevent maximum damage.”

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Rebuked by the officials after demolishing his PMAY home, Jain has taken shelter in a creaking two-room anganwadi centre for the past two weeks. The room neither has electricity nor water or toilet facilities. “We were already struggling to make ends meet. I have two daughters, and losing a home at this age has stunned us. It doesn’t matter who is at fault here, it is we who are suffering in the end.”

The district administration not only razed homes built under PM Awas Yojana but also razed those houses built on government-allocated pattas.

Suneel Kumar Verma (36), a bus driver, completed his four-room PM Awas home with toilet in 2021-22 on a 600 sq feet patta allocated by the government in 2013. He earns Rs 5500 a month for driving a school bus, and took a loan of Rs 2 lakh on high interest. Yet, his three rooms were razed, labelled as ‘encroachment.’

An outraged Verma questioned officials: “How is it possible to demolish a home that is built on government allocated patta and with the financial assistance from PM Awas Yojana?”

The officials, who evaded his question in the beginning, dubbed it a “mistake” when villagers demanded a reply. “It’s a mistake of the block secretary and staff. But we have instructions to clear the land for the road,” they told irate villagers, according to some eyewitness.    

An enraged Verma said: “Jab sarkar kahe, patta de do. Jab sarkare kahe, PM Awas or toilet de do. Aur jab sarkar kahe, bulldozer le kar sab ujaad do. What a system! ” (when the government wishes, you give patta; when the government says, you allot PMAY and toilets; and when the government says demolish everything, you land up with bulldozers)

Now, Verma’s four room home has shrunk to two rooms, without a toilet.

The villagers claimed that the district administration also demolished a Jain temple but refrained from bulldozing Ram Temple built on the middle of the road after facing opposition from villagers. To save the Ram temple, the administration held a slew of meetings and razed a house built under PMAY, claimed Manisha Jain, wife of Suresh Jain.

This is not the first case when a home built under PMAY was was demolished terming it “illegal.”

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Last year, a day after the Khargone communal violence on April 11, the district administration demolished 49 properties along with a house built under PMAY.

When contacted, Rajesh Banasiya (40), deputy sarpanch of the village, told NewsClick that a majority of the residents are BPL card holders who had been living there for over five-six decades. 

Seeing fellow villagers homeless has Banasiya. Demanding compensation, he said: “How can the administration demolish homes built under PM Awas and rebuke the beneficiary without compensation? We are not against construction of the road, but the affected families must be compensated, as they belong to the marginalised section.” 

“When officials marked the area for demolition a month ago, villagers submitted a memorandum addressing the chief minister, district collector, SDM and local MLAs to prevent the demolition of over 150 homes and two temples falling in the marked area. The villagers also offered substitute land to divert the road and prevent the demolition, but it was turned down,” he told NewsClick.

“A memorandum was submitted to the district administration for compensation but didn’t get any response,” he added.

The administration also razed the two-room home and a government-aided toilet of 72-year-old Devkaran. He said: “We have only one room left, we have put all our belongings in it, and there is no place left even to sit. When I asked the SDM, ‘where will we live now?’, he said “we do not know all that, we have to make a 52 feet road. Your house was built illegally so it got demolished.”

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Like others, Devkaran, who is a BPL card holder, is also hoping for compensation. But he says “SDM sir ne hame kaha hai koi compensation nahi milega” (SDM said we will not get any compensation).

When NewsClick reached out to PWD Minister Gopal Bhargava and Sehore district collector Praveen Singh for their response over the PMAY demolition, they were not available for comment.

But SDM Vishnu Prasad said: “After the tender, it wasn’t feasible to divert the route, as suggested by the villagers. Since it was an encroachment on government land, the department can’t pay compensation. But we are chalking out a plan to accommodate close to 20 families who have lost their homes in the eviction drive.”

He said: “Many have built houses beyond permissible limits. Therefore, we only demolished that portion.”

When questioned over the PMAY demolition, the SDM claimed that only five-six such homes were razed, while the others were partially demolished. But, deputy sarpanch Banasiya contradicted, saying many of the homes that were partially razed have no toilets. “Many families living in a one or two-room house have developed cracks which need money for repairs,” he added.

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Many like Krishna Bai, a widow, who lives alone in the village, lost her home and a shop, her only source of income, in the eviction drive.

Courtesy: Newsclick

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