The court has issued the orders by invoking its special powers under Article 142 of the Constitution which empowers it to act to ensure complete justice in a matter. The most disturbing aspect of bulldozer demolitions is that they are done by governments that have assumed a vigilante role. No law prescribes or allows demolition of property as punishment. But some BJP governments, especially those of Uttar Pradesh, Madhya Pradesh and Haryana, have resorted to demolition of houses and premises as State policy.
There is a communal dimension to it as most demolitions have been directed at properties of Muslims. The Solicitor General of India told the court that it was a false narrative and that the court was being influenced by “outside noises”.
The judges said the “outside noises” would not distract them, and “even if there is one instance of illegal demolition, irrespective of the religion, it is against the ethos of the Constitution.”
The Solicitor General also said that notices had been given two years ago in the case of many demolitions in 2024. But there are credible charges that in many cases, backdated eviction notices were used to justify demolitions. There are also many cases in which the houses of relatives of persons who were alleged to have committed an offence have been demolished.