Supreme Court Accepts Two Petitions Against Bulldozer Actions Filed by APCR

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New Delhi: The Supreme Court of India has recently accepted two petitions filed by the Association for Protection of Civil Rights (APCR) on behalf of individuals whose homes were demolished in the controversial bulldozer actions. These cases pertain to incidents in Udaipur, Rajasthan, and Jaora, Madhya Pradesh, where the homes of Rashid Khan and Mohammad Hussain’s father were destroyed without following proper legal procedures.

In Udaipur, the administration demolished Rashid Khan’s house using a bulldozer due to allegations against the son of his tenant. Despite there being no direct involvement of Rashid Khan in the alleged crime, his house was demolished without any legal proceedings. Similarly, in Jaora, Madhya Pradesh, a portion of Mohammad Hussain’s father’s house was torn down based on accusations against Hussain’s son. This demolition was also carried out without any legal due process.

During the hearing, the Supreme Court issued notices to the governments of Rajasthan and Madhya Pradesh, seeking their response. The court also hinted at the possibility of drafting guidelines to prevent such bulldozer actions across the country, which have raised concerns over legality and due process.

APCR intervened in this matter by filing an Intervention Application on behalf of the affected parties, Rashid Khan and Mohammad Hussain. Their cases have been linked with the ongoing Public Interest Litigation (PIL) filed by Jamiat Ulama-i-Hind and Brinda Karat against similar bulldozer actions that took place in Jahangirpuri in 2022.

Senior advocate Chander Uday Singh, along with AOR Fawzia Shakil, AOR Ajwa Singh, and advocate M. Huzefa, represented APCR in the court. They argued that such demolitions should only occur after proper legal procedures have been followed, emphasizing the need for clear guidelines to prevent arbitrary actions by the administration.

The Supreme Court has directed that these guidelines be submitted by September 17, 2024, for further consideration. APCR is expected to present a robust advisory in the court to ensure that future bulldozer actions comply with legal norms.

This case marks a significant step in safeguarding the rights of individuals affected by such actions, as it is the first time that the directly affected parties have approached the Supreme Court. The integration of these cases with the 2022 Jahangirpuri PIL strengthens the ongoing legal battle against unlawful demolitions.

The upcoming hearing on September 17, 2024, is anticipated to set a precedent in preventing arbitrary bulldozer actions and ensuring that all such operations adhere to the rule of law. The Supreme Court’s intervention is seen as a crucial move towards establishing strong legal guidelines, offering hope for a more just and fair approach to handling such sensitive issues across the country.

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