Our politicians assume office taking oath that they shall serve all the people in accordance with the Constitution and Law, without fear or favor, affection or ill-will. It appears that the oath they have taken has become irrelevant. They have resorted to divide and rule, and let bulldozers run against their target groups.
Some of the BJP ruled States have unleashed demolition drives harping on ‘teaching a lesson.’ Doing so, the rulers have deprived their denizens of natural justice. As former Allahabad High Court Chief Justice Govind Mathur rightly points out these highly unjust demolitions are meant to instill fear among minorities.
In UP, the house of Mohammed Javed, the alleged prime suspect in the recent violence that shook Prayagraj was demolished by the local body. The administration defends the act. Claims the house was an illegal structure and due procedure of prior notice was followed in the demolition exercise.
The demolished house, in fact, was registered in Javed’s wife's name. She has promptly paid the house tax and water tax. The word around is that pre-dated notices were created with the sole intention of demolition. Bulldozers were pressed into service in UP's Saharanpur and Kanpur as well.
The Madhya Pradesh High Court had clearly enunciated earlier that while clearing illegal structures, advance notices should be served and time should be given to the accused to present their version. Audi Alteram Partem ie., listen to the other side — a popular legal dictum that deserves compliance.
If the government manipulates law into a tool to settle scores with its protesting denizens while acting as both the prosecutor and judge, it will end only in chaos. Expressing serious concern, twelve eminent jurists, including former judges of the Supreme Court and High Courts, have written a letter to the Chief Justice of India, dubbing bulldozing of residences as a mockery of Constitution.
They sought the apex court's intervention to put an end to this. The Judiciary remains the lone protective armour for the people when state sponsored violence has hit home. And it should become the bulwark for commoners under these circumstances.
Responding to the communal riots that shook Khargone recently, the Madhya Pradesh Home Minister Narottam Mishra warned that the houses used for stone pelting will be reduced to rubble. When violence unfolds, those responsible for it should be identified. Their guilt should be proved in the Courts of law and punished.
Recently, Shalabh Mani Tripathi, a BJP MLA from UP, has posted on twitter a video of a few khaki clad men brutally beating a group of youngsters. She captioned it as “A return gift to the rioters.’ And, UP deputy CM Brajesh Pathak has warned that bulldozers will be on the trail of troublemakers.
It is worth reading about a case that was filed against Gujarat deputy speaker Jethabhai Ahir, for allegedly building a structure in a reserve forest. The court had ordered notices to him. There are several such influential persons facing encroachment charges. While no action was taken against such violators, the government deploys bulldozers to muzzle protesting voices. Bulldozers run at breakneck speed in UP, MP, Delhi, Gujarat, Uttarakhand, and Assam. Leaders from Karnataka are also keen on following the ‘UP model’.
On the bulldozer run in Madhya Pradesh's Ujjain, former Supreme Court judge Deepak Gupta wonders “where will the common-man go if politicians and police take law into their hands like this?” The same question lingers on everyone's mind. Perhaps, the BJP high-command should answer. (An Eenadu Editorial)
