SUPREME COURT MUST TAKE COGNIZANCE OF BULLDOZER POLITICS

The recent action of the Madhya Pradesh government against the alleged perpetrators of riots on the Ram Navmi Day is an issue that does not seem consistent with the rule of law as prevalent in this country. Similar actions by the Uttar Pradesh government have been widely reported and it appears that unless the Apex court steps in and provides its interpretation of the matter, more such incidents would be reported from other states as well. While no one can defend anybody, who indulges in violence or any illegal activity, it is unthinkable that the State should assume powers that are at variance with the Indian Penal Code or the accepted law that exists. The rioters must be strictly dealt with after they are arrested, prosecuted, tried, and convicted under due process. However, for any State government to resort to actions that entail demolishing houses or shops merely because the person is suspected to be involved in a riot is unacceptable.

Apart from the Supreme Court, the High Courts and the lower judiciary as well as the police must also stick to the laid down regulations. As it transpired, a house built under the Prime Minister’s housing scheme was also demolished by Bulldozers in Madhya Pradesh. Anyone who indulges in hate speech or any act which disrupts the communal harmony of any place must face action. This is where the perpetrators of such acts have to be handled uniformly. The police must appear to be fair and just when it registers cases against the accused and must ensure under all circumstances that the prescribed sections of the Indian Penal Code are strictly adhered to while registering cases. The charges should not be diluted merely because the suspect professes alignment to a particular political ideology.

The law is blind and has to be enforced regardless of the beliefs or ideologies of individuals or a group of individuals. Under the garb of acting against those suspected of stone pelting or rioting, State governments seem to be taking the law into their own hands. Unfortunately, the message which is going out is that in the BJP ruled States, the minorities were being targeted. This impression must be erased for upholding the rule of law. The Courts very often intervene on their own to take suo-moto cognizance of certain illegal acts. This is one such area that needs to be properly examined. Some laws have been enacted by State legislatures and if they are inconsistent with our constitution or other laws, they must be declared null and void.

Only laws that uphold the principles laid down by our founding fathers must be upheld and given a legal sanction. In addition, those indulging in hate speeches have to be brought to book. The repeat offenders in particular must be shown the power of the law and not allowed to vitiate the atmosphere. The hate speeches are not community specific but are against society in general. Infringement of law has taken place earlier too but this is no reason why this should be allowed to continue. India is not a banana republic and nor is it a state where the whims and fancies of certain powerful politicians should be allowed to gain precedence over the law of the land. Action against the perpetrators must be taken but within the ambit of law after following the due process.