State Actions Defy Supreme Court Directives
In a recent judgment, Justice Atul Sreedharan of the Allahabad High Court expressed grave concerns over state governments’ persistent use of bulldozer demolitions against properties of individuals accused of crimes. These actions are in direct contradiction to the Supreme Court’s instructions to avoid such punitive measures.
Justice Sreedharan, in his ruling dated July 20th, emphasized that these demolitions cater to societal demands influenced by constant exposure to ‘bulldozer justice’ through various media platforms. He remarked, “The demolitions continue with impunity as though these judgments do not exist, or the State is certain that the defiance towards the law laid down by the highest Court of the land shall not visit them with any adverse consequences.”
Case Under POCSO Act Sparks Judicial Debate
The observations were made during the hearing of a petition concerning punitive actions against properties of a family related to a POCSO Act case. The matter was presided over by a Division Bench consisting of Justice Sreedharan and Justice Siddharth Nandan. The judges delivered separate opinions due to disagreements on specific preventive measures against state actions.
Cultural and Economic Dynamics
Justice Sreedharan opened his judgment with a poignant couplet by Urdu poet Bashir Badr, highlighting the human cost of such demolitions. He elaborated on the socio-economic factors contributing to unauthorized settlements, including poverty, unemployment, and migration from rural areas. These factors often lead to the establishment of informal colonies vulnerable to sudden demolition orders.
The judge contrasted these vulnerable communities with affluent gated communities that, despite potential legal shortcomings, remain largely undisturbed due to financial clout and political influence. He criticized the pervasive culture of corruption that shields such entities from legal actions.
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Integrity and Corruption in Focus
Justice Sreedharan further critiqued the widespread corruption and lack of institutional integrity across India, citing the recent incident of theft at the Ram Temple. “The recent controversy relating to the theft of donations at the Ram Temple is the proverbial last straw on the camel’s back,” he stated, underscoring the deep-seated issues of integrity within the country.
The judgment calls for introspection and adherence to legal norms, emphasizing that a significant number of Indian residences may not comply with municipal regulations. He pointed out the complicity of authorities who overlook illegal constructions due to political or bureaucratic influences or corruption.
Justice Sreedharan’s ruling serves as a critical reminder of the need for judicial and administrative accountability, urging a reassessment of actions that undermine the rule of law.
