The Wire Staff
A section of former Supreme Court and high court judges along with senior advocates have issued an urgent appeal to the Supreme Court to take suo motu cognisance of “recent incidents of violence and repression by state authorities on citizens in Uttar Pradesh.”
The letter comes after Prayagraj administration bulldozed the house of Welfare Party of India leader Javed Mohammad after naming him “mastermind” of protests against Bharatiya Janata Party leaders’ remarks against Islam.
Protests had taken place all over the country on June 10. In Uttar Pradesh, police announced the names of “key conspirators” soon afterwards and began demolition drives in Kanpur, Saharanpur and Prayagraj, claiming they had been living in illegal establishments.
The legality of such a move – especially in the light of the fact that the Prayagraj house belonged to Mohammad’s wife while the notice was sent to him and the limited time between the notice being served and the actual demolition occurring – has been questioned.
“Instead of giving protestors an opportunity of being heard and engaging in peaceful protests, the UP state administration appears to have sanctioned taking violent action against such individuals,” the signatories of the letter note.
The letter is signed by:
1. Justice B. Sudarshan Reddy, former judge of the Supreme Court,
2. Justice V. Gopala Gowda, former judge of the Supreme Court,
3. Justice A.K. Ganguly, former judge of the Supreme Court,
4. Justice A.P. Shah, former Chief Justice of the Delhi high court and former chairperson of the Law Commission of India,
5. Justice K. Chandru, former judge of the Madras high court,
6. Justice Mohammed Anwar, former judge of the Karnataka high court,
7. Shanti Bhushan, senior advocate, Supreme Court,
8. Indira Jaisingh, senior advocate, Supreme Court,
9. Chander Uday Singh, senior advocate, Supreme Court,
10. Sriram Panchu, senior advocate, Madras high court,
11. Prashant Bhushan, advocate, Supreme Court, and
12. Anand Grover, senior advocate, Supreme Court.
The letter notes Uttar Pradesh chief minister Adityanath’s exhortation to officials “to take such action against those guilty that it sets an example so that no one commits a crime or takes law into their hands in future.”
“He has further directed that the National Security Act, 1980, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be invoked against those found guilty of unlawful protests. It is these remarks that have emboldened the police to brutally and unlawfully torture protestors,” it says.
The letter observes how Uttar Pradesh police have arrested more then 300 people and registered FIRs against protesting citizens.
“Videos of young men in police custody being beaten with lathis, houses of protestors being demolished without notice or any cause of action, and protestors from the minority Muslim community being chased and beaten by the police, are circulating on social media, shaking the conscience of the nation,” the letter says.
The judges and advocates call the “brutal clampdown” by the ruling government an “unacceptable subversion of the rule of law and a violation of the rights of citizens.”
” [It] makes a mockery of the Constitution and fundamental rights guaranteed by the State,” the letter adds.
The letter also highlights what appears a clear ulterior motive behind the law enforcement and civic authorities’ activities.
“The coordinated manner in which the police and development authorities have acted lead to the clear conclusion that demolitions are a form of collective extra judicial punishment, attributable to a state policy which is illegal,” it says.
The letter observes that these are “critical” times during which the mettle of the judiciary is tested.
“On many occasions, including in the recent past, the judiciary has faced such challenges and emerged with distinction as the custodian of the rights of the people,” it says, citing recent examples in the suo motu actions taken by the Supreme Court in the matter of the migrant workers stuck during the sudden 2020 lockdown and in the Pegasus matter.
“In the same spirit, and in its role as custodian of the Constitution, we therefore urge the Hon’ble Supreme Court to take immediate suo motu action to arrest the deteriorating law and order situation in Uttar Pradesh, specifically involving the high-handedness of the police and state authorities, and the brutal clampdown on the fundamental rights of citizens,” the letter urges
“We hope and trust the Supreme Court will rise to the occasion and not let the citizens and the Constitution down at this critical juncture,” it stresses.
Meanwhile, the Jamiat Ulama-i-Hind has filed two fresh pleas in the Supreme Court, seeking directions to the Uttar Pradesh government to ensure that no further demolitions are carried out in the state without following due process and that such exercise is done only after adequate notice. It has not been reported yet whether these petitions have been admitted.
(Courtesy: The Wire.)
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Bulldozing Structures or Demolishing Democracy?
In editorials published on 14 June, several leading newspapers have expressed deep regret at the highly selective use of bulldozers to damage or demolish houses or other buildings related to or belonging to protesters. The Tribune has written an editorial appropriately titled ‘Free run for bulldozers—Bypassing of due process a dangerous trend ’. This editorial has written, “ The no-holds barred demolition of the house of Mohammad Javed, the alleged mastermind of Friday’s mob-violence in Prayagraj, seems to be an instance of vindictive rather than administrative action.’’ This editorial says that the bulldozer “ is fast becoming the most potent instrument of official high handedness is one state after another.” Mentioning objectionable statements by those in official positions, this editorial says “it is obvious that a particular community was being targeted, with even the fig leaf of ‘due process of law’ being conveniently dispensed with in most cases.”
The editorial notes, “The modus operandi of the authorities is becoming rather predictable—give the alleged offender little or no time to take legal recourse or reply to the notice, if at all it is issued.”
This editorial concludes with an important statement, “The bulldozing of rights of citizens is a dangerous trend for our increasingly vulnerable democracy. The onus is on the judiciary to stop these sledgehammer demolitions from becoming par for the course.”
The Indian Express in an editorial titled ‘Demolition Squad’ has expressed deep regret at what it sees as “a new level of brutalization in public discourse.” More specifically it has stated, “The Uttar Pradesh government’s bulldozer drive, targeting the protester and political opponent, and, by joining the dots, a community , is becoming predictable — that should not take away from the fact that it violates due process. That the Yogi Adityanath administration should wrap its actions in self-righteous claims of the tough state moving against anti-social elements , and that UP officials and politicians should boast about ‘Saturdays following Fridays’ and return-gifts to the riot-accused marks a new level of brutalization in public discourse.”
Further this editorial notes, “That, even the requirements of adequate notice, or the opportunity to appeal, is being dispensed with, is no mere technical issue—it is, as former Allahabad High Court Chief Justice Govind Mathur told this newspaper, “totally illegal … a question of rule of law.”
This editorial has also concluded by making a very important statement, “In a constitutional democracy, the bulldozer on the rampage is the state thumbing its nose at the court, the DM and SP playing judge and jury and loyal executioners. They need to be checked, firmly.”
What is common to both these editorials is that they have made critical references to new statements made by persons in official positions which are likely to be considered very hurtful and insulting to an entire community. Just a few days back a big storm had been created due to such statements and the union government should hasten to take suitable action to prevent such inflammatory statements before more problems can be caused by the tendency to go on making such comments. In fact both the union government and even the BJP had clearly stated at that time that such statements should be entirely avoided in future and it is shocking that these instructions have been violated within such a short time.
The Times of India has written an editorial titled ‘System Bull-Dozed’. This is preceded by a quotation which says, “An ounce of prudence is worth a pound of cleverness” ( Baltasar Gracian). Some of the ruling regime members indulging in such recklessness would be well advised to reflect on not just this editorial but this quotation as well.
The Times of India editorial makes a very important opening statement, “Bulldozers are posing a challenge to constitutional rights. But our higher courts are not responding. It’s as if they are in a daze. Or, perhaps we should say, in a state of ‘bull-daze’—a state of systemic passivity when confronted with governments’ unconstitutional use of force. With more house demolitions, in UP and MP, and Gujarat, Assam, Tripura and Delhi civic authorities already in the bulldozer club, violations of basic rights are widespread. But the wheels of justice are moving far slower than the tracks of bulldozers.”
This important editorial adds, “Courts must show much more urgency. HCs and SC can even take suo motto notice because courts’ core duty of determining guilt and punishment, premised on due process, is at stake.”
Further this editorial notes, “The concept of collective punishment was popular in Middle Ages and even codified in law. To state the obvious, it has no place in constitutional democracies. Yet, over the last couple of years, and particularly over the last few weeks, bulldozers ordered by state officials are posing a dangerous question to the rule of law.”
To these we can add the no less strong sense of regret and resentment expressed by several other leading newspapers and web-sites. This reflects the wider feelings among a large number of people. One can only hope that the ‘bulldozer justice’, a term used by The Times of India, will soon be replaced by some real justice.
(Bharat Dogra is Honorary Convener, Campaign to Save Earth Now. He is also a prolific journalist and author.)
