SC issues contempt notice to UP authorities over alleged violation of its order in 'Bulldozer Justice' case

The Supreme Court on Monday asked the Uttar Pradesh authorities to respond in two weeks to a petition seeking contempt of court action against them for allegedly demolishing part of Madni mosque in Kushinagar in violation of its November 13, 2024, verdict restraining demolitions across India without prior notice and hearing.

Issuing notice to the authorities concerned, a Bench of Justice BR Gavai and Justice AG Masih asked them to explain why contempt of court proceedings should not be initiated against them.

Until further orders, there shall be no demolition of the structure, the Bench ordered.

"It is submitted that the structure in question was constructed on private land owned by the petitioners. The construction thereon was also with the due sanction of municipal authorities as per the sanction order of 1999. It was submitted that based on a complaint, the matter was enquired by the SDM. The SDM carried out an inspection and also issued a press note on December 22, 2024. As per the inspection, the construction was found to be in accordance with the sanction plan," it said in the order.

"It also notes that the construction which was found to be non-sanctioned was removed by the petitioners themselves. It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court," it said, issuing notice to officials and seeking their response in two weeks.

A portion of the mosque allegedly built on 'encroached' land was demolished by bulldozers earlier this month. The caretaker of the mosque claimed that the Muslim community had purchased land around ago for the purpose of constructing the mosque and that there was no encroachment. The mosque committee challenged the demolition in the High Court and secured a stay order until February 8. However, with the order expiring on February 9, authorities initiated the demolition drive.

Noting that the right to shelter is a fundamental right under Article 21 of the Constitution, the Supreme Court had on November 13, 2024, declared ‘Bulldozer Justice’ unconstitutional and said the Executive cannot demolish the residential and commercial properties of persons only on the ground that they were accused or convicted of a crime.

"If a property is demolished only because a person is accused, it is wholly unconstitutional. Executive cannot determine who is guilty and cannot become a judge to decide if he is guilty or not and such an act will be a transgression of limits,” it had said.

It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period,” it had noted.

The top court had, however, said, “We clarify that these directions will not be applicable if there is any unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water body and also to cases where there is an order for demolition made by a court of law.”