Bulldozers Do Not Deliver Justice, They Destroy It: Maulana Mahmood Madani, Jamiat president
Supreme Court Said While Hearing on Jamiat Ulama-i-Hind’s Petition
New Delhi, 2 September: In a significant hearing today on petition number 295/2022 filed by Jamiat Ulama-i-Hind, the Supreme Court strongly stated that the "bulldozer system” cannot be used for delivering instant justice. The Court emphasized in its initial remarks that even a criminal’s house cannot be demolished, let alone that of an accused. While the Supreme Court clarified that it will not protect illegal constructions, it also recognized the necessity of establishing clear guidelines to regulate such actions.
Commenting on today’s proceedings, Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind and a key party in the case, stated that bulldozers do not deliver justice; they destroy it. He highlighted that the indiscriminate use of bulldozers punishes entire communities rather than individuals. "When a house is demolished, the entire family suffers—not just the accused. How can we talk about protecting women while simultaneously demolishing 150,000 houses in recent years, leaving women, children, and the elderly to suffer the most?” Maulana Madani questioned. "These people, who did nothing wrong, are left homeless, wandering from place to place. What kind of justice system is this?” He expressed hope that the court will take a firm stance against these unjust practices. Maulana Madani emphasized that not only Muslims but every justice-loving person in this country is deeply troubled by this trend. He assured that Jamiat Ulama-i-Hind will continue its struggle for justice and will not remain silent.
The Supreme Court bench, comprising Justices B.R. Gavai and K.V. Viswanathan, instructed all parties involved in various petitions against ‘bulldozer actions’ across different states to submit draft proposals by 13 September. These proposals will be collected by senior advocate Nachiketa Joshi, who will compile and present them to the court. The next hearing for this case is scheduled for 17 September.
Jamiat Ulama-i-Hind was represented in court by senior advocate Dushyant Dave and M.R. Shamshad, with Farukh Rasheed as the Advocate on Record. The petition was initially filed in response to bulldozer actions in Jahangirpuri, Delhi, in 2022, where Jamiat successfully halted the operations. However, seeing the continued trend of such actions across the country, Jamiat has now filed special petitions against three states.
Senior advocate Dushyant Dave presented recent incidents from states like Uttar Pradesh, Rajasthan, Madhya Pradesh, and Delhi. He highlighted a case involving a father and son, where Justice Viswanathan noted, "A father may have a disobedient son, but demolishing the father’s house because of this is not the right approach.”
Solicitor General of India Tushar Mehta attempted to defend the demolitions, arguing that they were carried out under municipal laws related to illegal constructions. However, Dushyant Dave expressed grave concerns over the growing trend of state governments demolishing homes and stressed that the right to a home is an integral part of the right to life under Article 21 of the Constitution. He urged the court to order the reconstruction of demolished houses, citing egregious examples such as the demolition of a house in Jaipur simply because a Muslim father’s son was involved in a fight at school. In another instance in Kannauj, Uttar Pradesh, a poor barber’s shop was demolished just because a video surfaced showing him using his saliva while massaging a customer’s head. "Where is the justice in this? Under what municipal law can this be considered lawful?” Dave questioned.
