Supreme Court’s Strong Remarks on Human Rights Violations by Governments, Government Cannot Act as a Judge
The Supreme Court declared the bulldozer action unconstitutional
We are very happy that our struggle was successful, the poor and oppressed got justice: Maulana Arshad Madani.
Supreme Court’s Directive on Accountability for Officers Disobeying Its Orders, It directs to compensate the loss with personal money
New Delhi:A two-judge bench of Supreme Court of India today issued a historic verdict on a petition No. 162/2022 filed by Jamiat Ulama-i-Hind and others against illegal bulldozing of Muslim properties merely for being accused in a case in different states of the country during the last four years. According to which the court declared the bulldozer actions unconstitutional and issued an order to punish the officers involved in the illegal bulldozer operation.
Welcoming this extraordinary verdict, Maulana Arshad Madani, President Jamiat Ulama-i-Hind, said that today is a day of great joy and satisfaction for us, as the legal struggle of Jamiat Ulama-i-Hind has been successful, and the poor and the oppressed, whether Hindu or Muslim, have received justice from the Supreme Court.
He said that what makes this even more gratifying is that the Court has confirmed everything we have been saying in our statements. The Court has stated that demolishing someone’s house with a bulldozer is not a punishment but a crime. It also clarified that the government cannot act as a judge; only the judiciary has the authority to determine what is legal or illegal.
He further added that since the beginning of the bulldozer actions, we have maintained that if someone commits a crime, their punishment should not be meted out to their family members. The Court has also echoed this in its ruling.
Maulana Madani said that the bulldozer action is not only an inhumane practice, but it is also tantamount to an insult to both the judiciary and the law. It is very significant that the Court, while declaring these bulldozer actions unconstitutional, has stated that simply on the basis of an allegation — even if a crime is proven — no one’s home can be demolished with a bulldozer. He further added that the Court has also accepted our position that these actions are discriminatory in nature, and that they specifically target one particular community.
In its judgment, the Court also made a strong remark, stating that the decision to suddenly demolish a specific building or property, while leaving other similar structures untouched, clearly indicates that this is not about demolishing illegal constructions but about imposing a punishment without trial. The Court’s statement highlights that the true intent behind these actions is not to enforce the law, but to penalize individuals without due process.
Maulana Arshad Madani further stated that we believe that the Honorable Court has thoroughly highlighted both the constitutional and legal aspects of this issue in its ruling. The Court has left no room for the states to misuse this judgment or take advantage of any loopholes to target a particular community under the guise of legal action.
Maulana Madani also stated that this was no ordinary matter. In some states, this was made part of the government’s policy to impose extrajudicial punishment. We are extremely happy that through the Supreme Court’s decision, the doors of justice have been opened for those sections of society who had been deprived of it due to bulldozer actions. He further added that the Court has declared these actions unconstitutional, and in one state, the demolition campaign was even publicized and used as a tool to solicit votes during elections. For a democratic country like India, this is a matter of great shame.
He said that the sinister campaign began first in Assam and Khergaon, Madhya Pradesh. In 2022, in Jahangirpuri, Delhi, multiple Muslim homes were suddenly reduced to rubble in the blink of an eye. Against this cruelty and injustice, Jamiat Ulama-i-Hind filed a petition in the Supreme Court, which resulted in a stay order. However, what followed was that this reprehensible campaign suddenly spread to other states. Maulana Madani continued in response, Jamiat Ulama-i-Hind made all these states parties to the case, and today, we have received a final judgment on the matter.
He concluded by saying that we congratulate the Supreme Court for delivering such an extraordinary judgment, which once again reinforces the supremacy of the law and ensures that justice prevails. We hope that with the strict directives issued by the Court, bulldozer actions will now be curtailed, and this cruel practice of extrajudicial punishment will be permanently halted.
Finally, Maulana Madani extended his congratulations to the lawyers for their successful advocacy, acknowledging their efforts in securing this important victory for justice and human rights.
…END….
Fazlur Rahman Qasmi
Press Secretary
Jamiat Ulama-i-Hind, New Delhi
09891961134
