Patna HC Lashes Out At 'Bulldozer Justice Tamasha,' Says Bihar Police To Pay Compensation If Demolition Found Illegal

Police 'hand in glove' with mafias, subverting rule of law

Justice Sandeep Kumar of Patna HC expressed disappointment at the state police's actions and said ""Kya yahan bhi bulldozer chalne laga? [Have bulldozers started to run here as well?] Whom do you represent, the state or some private person? Tamasha bana diya ki kisi ka bhi ghar bulldozer se tod denge [You've made it a spectacle, demolishing houses]."

Justice Kumar added that if the demolition is found to be against procedures, he will order the payment of a hefty compensation of Rs 5 lakh from the pockets of each officer involved to the woman. "5-5 lakh rupye dilwaynge hum, ghar tudwane ka...personal pocket se. Ab police aur CO milkar ghar tudwa raha hai ghoos lekar... this has to be stopped," he reaffirmed.?

The next hearing in the case will be held on Thursday and all police personnel involved in the razing have been instructed to appear personally before the court. While the last hearing was held on November 24, videos of the Judge making these statements were shared on social media platform Twitter late on Saturday, NDTV reported.?

Further, as per a report on Livelaw, the court considered a police report in the case and observed that it appeared the house was illegally demolished by the state police without following the due process of law. In this regard, Justice Kumar said that the officials appeared to be "hand in glove" with some land mafias.?

As per a report published by NDTV, the petitioner's lawyer also submitted in court that a bogus case had been filed by the land mafia against the woman and her family members to force them to vacate the land. To this, Justice Kumar instructed that the FIR be kept on hold and directed the police to exercise restraint. "I am here to protect you, not trouble you," he told the counsel.?

Similar observations by Gauhati HC

The Patna HC's remarks mirror those of Gauhati HC a few weeks ago wherein Chief Justice RM Chhaya took suo motu cognisance of the illegal demolition of the house of an accused in Batadrava Police Station arson case in Nagaon district of Assam in the month of May. Justice Chhaya had in the order stressed that "bulldozing of a house is not provided under any criminal law", even if an agency is investigating a "very serious matter."

Emphasising that it requires permission to even search a house, he said, "Tomorrow if you need something, you will dig up my court room. "How can you do it? You can be anybody. Nobody is safe… under guise of investigation if you pull down anybody’s house," the chief justice added, while equating "bulldozer justice" to a type of "gang war."

'Bulldozer justice'

Using bulldozers as a means to deliver 'justice' is a tactic deployed by some BJP-ruled state governments. It started with the Uttar Pradesh government razing houses of those involved in rioting as a means of punishment.?

It was also used by BJP-controlled civic bodies in Delhi, which sent demolished houses and shops in minority dominated areas in the city in the aftermath of the 2020 riots.?