Tag: Bulldozer Baba

Bulldozer Action Was Dodging Law; SC Has Rightly Applied Brakes On It

‘Bulldozer Action Was Dodging Law; SC Has Rightly Applied Brakes On It’

By LokMarg

Advocate Ritesh Srivstava from Uttar Pradesh says any punitive action must validate Bharatiya Nyaya Sanhita provision and not target the accused. His views:

On September 17, in an interim order to various pleas against “bulldozer actions” in various states, the Supreme Court ruled that no demolition should take place in the country without its permission. The order however exempted such action on encroachments on public roads, forest land, railway lines or waterbodies. I wholeheartedly welcome such a step as it seeks to uphold the legal justice system and keeps in check state government functionaries from targeting the accused, in most cases belonging to the minority community.

We had seen in many cases of ‘bulldozer action’ that even before an accused was proven guilty, the police, in cahoots with civic authorities, identified the property belonging to an accused and razed it on flimsy grounds. Such speedy ‘justice’ did win them brownie points among local public but it goes against the grain of Indian justice delivery mechanism.

For example, if the police arrest a culprit or an accused under criminal charges of murder or attempt to murder or rape, it does not allow them a free hand to raze to ground the accused property. It is for the court to decide whether the accused is guilty of the charges framed. The law gives everyone a chance to prove his or her innocence. However, of late, several state administrations are quick to bring out bulldozers to deliver ‘instant justice’ to win public applause.

ALSO READ: ‘Bulldozer Has Become A New Symbol For Oppression’

As per the prevailing practices of the police, it seems they do not wish to follow the procedures laid down in the criminal code as per the Constitution. They often invoke a harsh Gangster Act in order to ensure that the accused does not get bail easily and then dig out the land records of their property to find some loophole and initiate ‘bulldozer action’. The relevant sections of the IPC or the recently implemented BNS are given an apathetic go by. This is gradually becoming a standard practice in some of the states.

The country and its citizens are protected by a set of laws and this set of rules is incumbent on law enforcing agencies to be followed. And in the era of a strong social media presence, no state agency can throw the rulebook out of the window.

The SC rightly mentioned that bulldozing justice is just like bulldozing the law of land It is universally agreed that inhumane perpetrators (like those involved in murder, rape, mob lynching) should get the severest of the punishment, but it should remain within the framework of law. Even for bulldozer action, one would require to follow the rules, secure a nod from the competent court and only then it can be implemented. The enforcement authorities should not behave like having got the license to kill and bulldoze.

The rule of law has to be followed. This is how a police force is trained to handle crime and criminal acts. Book a perpetrator, find out his illegalities, dig out tangible proof and then charge him in a court of law. Any digression from the standard procedures set in the criminal code will only lead to further lawlessness and anarchy in our society.

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As told to Rajat Rai

‘Bulldozer Is The New Symbol Of Oppression, With A Communal Agenda’

By LokMarg

Suman, the editor of Jan Morcha, an independent, cooperative Hindi daily published from Faizabad, UP, says BJP’s political persecution has also galvanized resistance from people

For the BJP, bulldozers are the new brand of oppressive and polarizing politics. Obviously, the target is once again the Muslim community, and, that too, the poorest of the community.

After Jehangirpuri and the Ram Navami assaults on a mosque out there by an unruly mob with a communal agenda, they have now targeted Shaheen Bagh near Jamia Millia Islamia University in Delhi, which was the epicenter of the peaceful and protracted anti-CAA protests led by the mothers and daughters of the area amidst direct communal attacks in public discourse by top BJP leaders and ministers.

That the resilient people of Shaheen Bagh were able to stop the demolitions now is a sign that both the attacks and the resistance are going to build up in the day to come – and, seemingly, there is a hidden narrative behind this all.

It must be mentioned that during the recent elections in UP, the current chief minister mentioned in his public speeches that the bulldozers have been sent for repairing and they will be out soon to do their work. There were hoardings put up by the BJP with bulldozers, as if the lotus has been replaced as its party symbol. Even in Madhya Pradesh, reportedly, similar tactics have been used. More so, BJP workers were seen celebrating on top of bulldozers after the party won the assembly elections in UP.

ALSO READ: Bulldozer Put Fear Of Law In Criminals – Of All Communities

This has become a new political card for the party, and, sadly so. There are encroachments all over the country, including in UP, so why this sudden celebration with bulldozers now? Significantly, the rich are left to their game, even if they encroach on public land or footpaths, but the poorest are hit so badly, including roadside vendors and those plying humble carts to earn a daily livelihood.

Suman (inset) feels when oppression grows, so will people’s resistence as happened in Shaheen Bagh

It seems that behind all this there is a sinister plan. The plan is to create polarizing fissures in the social fabric and thereby up the political ante in support of the Hindutva plank of the BJP. Now, they are even planning to use the same tactics in Ayodhya.

Unfortunately, this could lead to a situation of serious conflict on the ground. Mobs might take over public spaces. And for how long can the people, especially the poor, endure these brazen and repeated acts of injustice, targeted so blatantly against one community, and for no rhyme or reason?

People will come out and protest — peacefully as always, one hopes — as in Shaheen Bagh now and as it was in Shaheen Bagh two years ago. I think the protests will intensify. My hunch is that the BJP think-tank wants the people to come out on the streets so that they can they use the plank of law and order and claim, ‘Look, the encroachers are flexing their muscles, and thereby need to be taught a good lesson’. The hidden agenda behind that is clear: push the Muslim community to the edge, and when they peacefully protest, manufacture a dangerous situation on the ground so as to consolidate and build the Hindutva vote base. This is dangerous and diabolical, and I fear for the worst in the days to come.

‘Bulldozer Has Put the Fear of Law in Criminals – Of All Communities’

By LokMarg

Shashank Srivastava, a young IT professional in Lucknow, says the bulldozer initiative of CM Yogi Adityanath has become a cult, being emulated in other states. His arguments:

I originally belong to Sultanpur and shifted to Lucknow a couple of years and have been witness to Chief Minister Adityanath Yogi’s growing stature in a short period of time. He began slowly but with marked grit to deal with his biggest challenge – law and order. Today, upon his return to power, even his adversaries grudgingly admit that law and order in the state has improved.

And one innovative part of his iron hand dealing is what has been termed ‘Bulldozer Action’, welcomed and appreciated by all law-abiding citizens. His political opponents have tried to give this a communal angle, claiming he has been targeting only the minority community. But nothing can be further from the truth.

If you want, I can give name many criminals, all belonging to the majority community, who faced the wrath of Yogi Administration. Vikas Dubey, Dhruv Kumar Singh, Sunder Bhati, Anil Bhati, Amit Kasana, Umesh Rai, Tribhuvan Singh… the list is long.

Today, just the mention of bulldozer put the fear of god in criminals, irrespective of their caste or community. Let me cite two recent examples. In Pratapgarh district, a hard-core criminal was at large, and he remained one step ahead of his chasers in khaki. However, as soon as a bulldozer ‘landed’ outside his house, he surrendered within an hour. Similarly, in Ambedkar Nagar, five rape accused surrendered before the court as soon as their family members heard the roar of bulldozers in the vicinity.

Shashank says tax-payers like him welcome ‘Bulldozer Action’

Law-abiding citizens and tax-payers fully support such action. Only criminals are afraid of them. This is the reason why ‘Bulldozer Action’ has now transformed into a cult, actively emulated in various other states to make criminals fall in line.

ALSO READ: We Stood Firmly Between Bulldozers & Muslim Households

Leave apart those big mafias and dons who are cooling their heels in various jails and their illegal properties being razed, even those criminals who were earlier ducked their arrests are choosing to lay arms before the police–either for the fear of the bulldozer or an encounter.

There are some examples of social service too in bulldozer action. In Prayagraj and a few other districts, illegal properties were razed down and houses were built upon them. These properties were then handed over to the common people, their cast or creed no bar.

If an act or construction is unconstitutional or illegal, it can be challenged in a court of law. But to deride a popular, much-needed action against criminals and law-breakers for political purpose will only make it more popular among the masses. That is why bulldozer has stormed social media and its memes are flooding various platforms. The latest, if you remember, was the British PM Boris Johnson riding the JCB and someone wrote that PM Modi has hired a new mascot for the ongoing drive of Yogi!

Law-abiding and tax-paying people like me have no problems with any kind of new, innovative, law enforcement tactics as long as it draws good results; only the anti-socials and the criminals must fear its blades and rippers.

As told to Rajat Rai