UP bulldozer act is ‘mockery of Constitution’: Ex-judges, lawyers

New Delhi: Six former Supreme Court and High Court judges and six lawyers on Tuesday wrote to Chief Justice of India NV Ramana, urging him to take suo motu cognisance of the demolition of the properties of those who protested in Uttar Pradesh against the remarks about Prophet Muhammad by Bharatiya Janata Party spokespersons.

They also urged the chief justice to take note of the “violence and repression” by state authorities against citizens. “Such a brutal clampdown by an administration is an unacceptable subversion of the rule of law and a violation of the rights of citizens, and makes a mockery of the Constitution and fundamental rights guaranteed by the state,” the signatories said.

“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.”

Former Union law minister Shanti Bhushan, former Delhi High Court Chief Justice AP Shah, senior advocates Indira Jaising, Sriram Panchu, CU Singh, Anand Grover and Prashant Bhushan are among the signatories who told Ramana that videos showing protestors from the Muslim community being chased and beaten by the police are circulating on social media, thus “shaking the conscience of the nation”.

Instead of giving protestors an opportunity of being heard, the Uttar Pradesh administration sanctioned taking violent action against them, the letter said. The signatories also pointed out that Uttar Pradesh Chief Minister Adityanath had “exhorted officials to take such action so it sets an example” for those who take law into their hands in the future.

While there are no provisions under Indian law to demolish the home of anyone accused of a crime, this pattern has been regularly observed across BJP-ruled states. “The CM 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,” the signatories stated.

“It is these remarks that have emboldened the police to brutally and unlawfully torture protestors.” The signatories urged the Supreme Court (in pic) to take notice of the deteriorating law and order situation in UP. “We hope and trust the Supreme Court will rise to the occasion and not let citizens and the Constitution down at this critical juncture,” it said.

The letter said “the mettle of the judiciary is tested in such critical times” and cited examples of when the Supreme Court took suo motu action, such as when migrant workers were forced to walk home during the 2020 Covid-induced lockdown and the Pegasus spyware case.