Bareilly (Uttar Pradesh): In the aftermath of recent communal clashes over 'I Love Muhammad' posters, Uttar Pradesh government on Saturday, October 4 launched a large-scale drive against illegal constructions across the city. Early in the morning, the Bareilly Development Authority (BDA), supported by a strong police presence, demolished Raja Palace, a marriage hall owned by Dr. Nafees Ahmed in the Jakhira area. Officials stated the action was taken for violations of building regulations. The property's nameplate indicated the owner as Mutawalli Shoaib Beg, son of the late Athar Beg, a former PCS officer. In Faiq Enclave, a house belonging to Farhat was sealed, reportedly linked to Maulana Tauqeer Raza, who was allegedly sheltered there during the recent unrest. Meanwhile, the Municipal Corporation carried out an anti-encroachment operation in the Sailani area, removing unauthorized extensions from shops and residential properties. The Municipal Commissioner supervised the drive.

Why Does This Matter?

The demolition operations follow clashes on September 26, when over 2,000 people gathered outside a mosque, resulting in stone-pelting incidents and injuries to police personnel. Authorities had earlier identified eight allegedly illegal properties connected to associates of the Ittehad-e-Millat Council chief cleric for potential action. Teams from the BDA and district administration inspected Faiq Enclave, Jagatpur, and the old city, identifying multiple structures built without approved plans, some encroaching on government and ceiling land.“Illegal constructions on government and ceiling land will not be tolerated. Strict action will be taken as per the rules,” BDA Vice-Chairman Dr Manikandan A told reporters.

The Bareilly Municipal Corporation has also earmarked several shops, including those above Pahalwan Sahab Dargah, for demolition. An FIR is being prepared regarding encroachments on roads and land. Authorities are actively monitoring Tauqeer Raza's network of associates and financiers, suspected of funding illegal activities under the guise of community programs.

Supreme Court on 'Bulldozer Justice'

In November 2024, the Supreme Court had delivered a landmark judgment condemning the practice of“bulldozer justice,” emphasizing that property demolitions cannot be used as punitive action by the executive against alleged offenders. The Court underscored that such acts violate the rule of law, the separation of powers, and constitutional safeguards, and issued detailed pan-India guidelines to regulate demolition procedures. A bench comprising Justices B.R. Gavai and K.V. Viswanathan criticized authorities for adopting a high-handed approach, demolishing properties of accused individuals without judicial process.“The executive cannot become a judge. Demolishing property solely based on accusations strikes at the core of constitutional democracy,” the Court stated, highlighting that such actions amount to collective punishment and disregard due process.

The court ruled this after petitions filed by groups such as Jamiat Ulema-i-Hind against similar incidents in Delhi, Madhya Pradesh, and Rajasthan where homes were demolished as alleged punitive measures. The Court invoked its powers under Article 142 to ensure uniformity and judicial oversight, emphasizing that instant punitive demolitions without proper legal channels are unconstitutional.

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