The Supreme Court on Tuesday passed an interim order staying demolition of private properties across the country without its permission until October 1, when it will be hearing the case next. A bench of Justices BR Gavai and KV Viswanathan asked the governments to “stay its hands” when Solicitor General of India Tushar Mehta raised objections to the order, saying that the hands of statutory authorities can’t be tied in this manner. “Heavens won’t fall” if the demolitions are stopped for two weeks. “Stay your hands. What will happen in 15 days?”, Justice Gavai asked. The court however clarified that the order would not apply to cases where such actions are required to clear unauthorised construction.”Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces,”the court said. The court said that it has passed the direction invoking its special powers under Article 142 of the Constitution.The bench was hearing petitions challenging the demolition of private buildings belonging to persons accused of crimes as a punitive measure by the central and various state governments. Refusing to address the fact that one specific community is being widely targeted in the ‘bulldozer justice,” the court however said that even if it is one instance of illegal demolition, it goes against the ethos of the Constitution.”Outside noise not influencing us. We won’t get into question of…which community…at this point. Even if there is one instance of illegal demolition, it is against ethos of the Constitution,” Justice Viswanathan said.The court also came down heavily on ministers and various politicians who justified and glorified the bulldozer action even after the court’s remarks against it on September 2. “After the order, there have been statements that bulldozer will continue…” Justice Gavai said. “After 2 September, there has been grand standing and justification. Should this happen in our country? Should Election Commission be noticed? We will formulate directives,” Justice Viswanathan said.
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