India’s top court criticizes states for “bulldozer justice,” the illegal destruction of homes allegedly targeted at Muslims.

New Delhi – The Supreme Court of India ruled on Wednesday that authorities demolishing houses built illegally and others belonging to accused criminals are unconstitutional and must stop. This practice is allegedly widely used by several state governments to punish suspects without the judicial process of a court, and is known as “bulldozer justice.”

“The executive body cannot be a judge and decide that the accused person is guilty and then punish him by demolishing his properties. Such action is a violation of the law. [the] management restrictions,” the court said in a 95-page ruling.

The court issued its decision in response to many petitions regarding the demolition of houses against suspected criminals in the states Prime Minister Narendra ModiBharatiya Janata Party (BJP) in recent years. Critics have accused BJP state administrations of using bulldozer justice in particular guide the Muslims – a charge the party has repeatedly denied.

Officials in the BJP state have argued that due process of law was followed in carrying out the demolitions, but the court said the authorities had adopted a “pick and choose” attitude towards illegally built houses, singling out those Muslims accused of other crimes while saving them. similar, but non-Muslim illegal settlements in the same area.

“In such cases, when the authorities like to pick and choose the structures unfairly and it is found that just before an action like this is started it is found that the person inside the building is involved in a criminal case, it can be assumed that the real reason for this was not an illegal building, but it was an act of punishing the defendant without trying him in a court of law,” said the court.

One of the petitions in the Supreme Court was filed regarding the demolition of a number of mosques in April 2022 following sectarian clashes in Delhi’s Jahangirpuri area, which raised allegations of religious discrimination and extrajudicial punishment.

“The sad sight of a bulldozer demolishing a building… reminds one of the lawless state of affairs,” Justice BR Gavai and KV Viswanathan said in the court’s judgment on Wednesday. “Our constitutional principles and principles will not allow any such abuse of power and such abuses cannot be tolerated by the court of law.”

The court warned the state authorities that it will take action against officials found guilty of “selfish and inappropriate” actions and issued detailed orders to demolish houses built without necessary permits.

The new guidelines make it mandatory for the authorities to give at least 15 days’ advance notice to the resident before demolishing an illegal house and explain the reason for the destruction of the building.

The new guidelines state that the occupants of such buildings should be given sufficient time to remove the construction or challenge the demolition order in court.

Authorities in five of India’s 28 states fired 128 prisons in just three months in 2022, human rights group Amnesty International said in a February report.