The challenge before the Supreme Court is not just to interpret the law. But it also faces the challenge of protecting the law from a particular political project of making the rule of law meaningless.
The ban imposed by the Supreme Court for two weeks on demolition of any kind of construction in the country by bulldozer without the permission of the court is a part of the judicial process. However, the guidelines set by the Supreme Court for this period of ban are part of the common practice in the rule of law. Demolishing illegal constructions made by encroaching public places is not a new thing. The new thing is that the practice of demolishing the house of a suspected accused through bulldozer has spread. It has been seen that if the accused concerned belongs to the Muslim community, then such action is taken immediately. The practice started from Uttar Pradesh and gradually it was adopted in other BJP ruled states as well. It cannot be ignored that an attempt has been made to send a political message through such steps. The bulldozer has been made such a political symbol that pro-Hindutva groups based in America have been seen organizing 15 August celebrations by placing bulldozers.
Meanwhile, supporters of Uttar Pradesh Chief Minister Adityanath have been referring to him as ‘Bulldozer Baba’. That is why the challenge before the Supreme Court is not just to interpret the law. Rather, it faces the challenge of protecting the law from a particular political project of making the rule of law meaningless. The judges of the court were angry that despite their contrary comments, the leaders have been saying that the bulldozers will keep running. Is the court in a position to fix the accountability of such leaders? Is it ready to convict the officials who violate its comments, orders and guidelines of contempt of court and give such punishment that it becomes an example for others? Actually, judicial intervention on ‘Bulldozer Raj’ has come very late. By now this disease has spread very deeply. If the judiciary had stopped it in the beginning itself, the matter would not have reached this point.