SC rejects NGO’s plea for punitive dismissal

A bulldozer is used to demolish the alleged illegal construction of Naseeb Choudhary, accused of killing RSS members with a knife, in Jaipur, on October 20, 2024. | Photo Credit: PTI

The Supreme Court has rejected a plea by NGO National Federation of Indian Women complaining that retaliatory, communal and punitive evictions by states like Uttar Pradesh, Uttarakhand and Rajasthan continue in defiance of the high court’s September stay order.

A three-judge bench headed by Justice BR Gavai took the exception that the NGO was a third party that was not directly or indirectly affected by the retrenchment.

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“Those who have suffered from layoffs should come to us. He is the third. We do not want to open Pandora’s box by entertaining this at the time of the third party,” said Justice Gavai while speaking to Advocate Nizam Pasha, who represented the NGO in court.

Judge Gavai said the court will take care of it if a person’s building is demolished by the State even though the court has issued an order to prevent the destruction of private buildings. The court had called it “bulldozer culture”.

Mrs. Pasha said that the stay order in September was fully implemented in the demolition in question as the destroyed buildings were not allowed to be released. The court made it clear that its stay would not apply to unauthorized structures on public roads, streets, highways, roads, railways or public areas such as water.

The lawyer said that many of those affected by the demolition of houses could not enter the courts. They were in prison or their lives were destroyed.

“Please don’t say that. They can ask their family members or community-minded people from their neighborhood to come here… We will be happy if someone who is really concerned comes to us,” answered Judge Gavai.

The court stopped the illegal demolition of bulldozers across the country while drawing attention to reports of “praise, honor and forgiveness” regarding the destruction of people’s homes and properties of convicts and their close family members.

The court had observed that the authorities would not be allowed to enforce the laws of the land. The supreme court has decided to make guidelines against illegal demolition of houses by authorities.