The bulldozers that ran in Khargone once again mixed the law of the land with the soil.

Breaking the houses and shops of those accused of stone pelting after the violence on the day of Ram Navami is not permissible under any law.

One of the basic principles of natural justice is the right to be heard. This forms the basis of the judicial process in natural justice, civil and criminal cases. To understand how important this is, you do not need to know the Latin language principle Audi Alterum Partem (by the way, this principle means that no person will be punished unless that he has not been given a chance to speak his mind.

Now the decision is being taken whether the accused has committed a crime like theft or not, or the case may be that two neighbors are fighting for ownership of a piece of land. In such cases, before you take any decision, it becomes very important that both the sides are heard.

Any country that does not want to become a dictatorship or a feudal monarchy, that is, any country that follows the rule of law, that is, the rule of law, includes this basic principle of fairness in its legal system.

This is one of the most important things to run a society. And there is no need to think much on this. Just like, how bad it is to believe that killing is, and how wrong it is to deliberately mislead someone.

In India, though there are many cases to the contrary, yet the basic principles of justice have been retained in the law of our country and it is believed that it still believes in the rule of law.

Yes, mobs and criminals do not care about natural justice or the rule of law, but the state is bound by them, and if it does not follow the law, it can be held accountable in the courts.

'Bulldozer rule' in Madhya Pradesh

This is the reason why serious questions are being asked about the communal violence that broke out on the day of Ram Navami in Khargone district of Madhya Pradesh.

The 16 houses and 29 shops that the district administration ransacked on the next day of the violence, i.e. on April 11, mostly belonged to Muslims.

The local police is now claiming that the demolished houses and shops were built illegally, after being occupied. The Madhya Pradesh government and the local administration say that it was vandalized to teach a lesson to the rioters and stone pelters.

On the morning of April 11, Madhya Pradesh Home Minister Narottam Mishra said in a press conference, 'The house from where the stones have come, will make that house a pile of stones.'

They argued that the law has been followed and illegal constructions have been targeted. In an interview to India Today, he reiterated his point and said that the message has been sent that "this is Madhya Pradesh and the rioters here will not be spared." (see below at 25:55).

Khargone's DIG Tilak Singh also said that we will not tolerate violence at all, following this policy, bulldozers have been run on houses and shops.

The Public Relations Officer of Khargone district administration also made a tweet in which a video of the administration's action was shared. It said that after the arrest of those who disturbed social harmony by stone pelting, they have been punished for the financial loss which they have done.

It has also been claimed in the tweet that bulldozers were sent on the instructions of the administration.

Is there any law that justifies this sabotage?

However, the Parliament or the Madhya Pradesh Legislative Assembly has not made any such law which allows the destruction of the property of those who are involved in the riots and who have caused damage to public or private property.

Criminal law

Punitive action can be taken against an accused only if his guilt is proved in court, and that too, of course, in a judicial manner which includes the right to be heard.

In this, the person is told about the charges against him, the court takes cognizance of the charges, the prosecution has to give evidence to prove his case. During this entire process the accused presents his own evidence and claims any defense under the law. The court measures the entire case and sees whether the guilt of the person is proved beyond all reasonable doubt.

Even if they are proven guilty, under Indian law, they are only sentenced to jail, and/or fined. The property of the offender is not vandalised.

Such retaliation runs the risk of collective punishment. Because it can also affect those people who are not part of the crime in any way. There is no such permission in Indian criminal law at all.

Madhya Pradesh Prevention and Recovery of Damage to Public and Private Property Act, 2021

The Madhya Pradesh government had in December 2021 passed a law on the lines of Uttar Pradesh, which allows notices to be issued to those accused of causing damage to public and private property (during riots or demonstrations or otherwise) .

The amount that can be recovered under the Madhya Pradesh law can be up to twice the cost of the loss.

The law allows attachment of the property of the accused, but this can be done only after the formal claim process has started and it is known that the person was involved in causing damage to the property.

The person to whom the notice of recovery has been sent has the right to be heard under the law before taking a decision, and this is another example of Audi Alterum Partem.

On 12 April (after the demolition), the Madhya Pradesh government issued a notification to set up a claims tribunal for recovery of damages, but till now the claims commissioner has not done any assessment.

Well, if under this law some people are ordered to pay damages and their property is attached so that payment can be made, then there is no provision in this law to destroy their property.

By the way, the law of Uttar Pradesh, which compensates the damages from the protesters, has been challenged in the courts at present. The Supreme Court has recently ordered the UP government to compensate those people who have been compensated without following the procedure of the Claims Tribunal.

In December 2021, Madhya Pradesh has also passed the Gangster and Anti-Social Activity Act on the lines of an old law of Uttar Pradesh.

Although the UP authorities had cited that law while running bulldozers on the houses of those who are accused of being gangsters, but this law also does not allow vandalizing the property of gangsters. It can only be attached.

Law on illegal encroachment

Personal property of a person can be demolished and demolished only if it is an illegal construction. For example, if it is built by occupying the land of another person, or that structure has been built in violation of the rule of law.

Now that the local police argue that those properties were actually illegal constructions, there is a process followed before demolition of the property in such cases as well. In this, that person is also given a chance to speak his mind.

Rule 12 of the Madhya Pradesh Land Development Rules of 1984 - Occupancy Violation states that if any person is using a building in contravention of the rules, a notice should be sent to him and then he should be given ten days. It has to be given that he should either go away or remove the illegality, that is, make it legal.

Most of those whose houses and shops have been demolished in Khargone have told The Quint that they were not given any notice regarding illegal occupancy. Narendra Gupta, a Hindu shopkeeper, is also included in these people.

They broke the whole shop. We were neither informed of this action nor were we allowed to remove our belongings. Medicines were kept there which would have been useful in the treatment of many patients. Now everything is mixed in the soil.

Mohammad Salman told The Quint on 12 April.

Khargone Collector Anugrah P has denied these claims. He says: “The names of those people were already included in the list of people who have built houses and shops by occupying government land and it is a coincidence that many of them were also involved in the rioters. The government's action is completely legal, and everyone was already given notice of this."

Amjad Khan, one of those whose houses were vandalized, said he had nothing to do with the violence. Apart from this, his house was built under the Pradhan Mantri Awas Yojana and he had also taken approval from the administration to build the house.

Sadulla Baig says that some time ago some parts of his house were demolished by the administration saying that it was illegal. Then the land owned by him was demarcated, but still on April 11, he came and demolished the entire building.

Private property infringement of property right?

The freedom to acquire, hold and dispose of private property was originally a fundamental right under Article 19(1)(g) of the Constitution. In 1978, in view of the socialist ideals of that era, this fundamental right was repealed through a constitutional amendment.

Article 31, Part III (i.e. relating to Fundamental Rights) of the Constitution also stated that people could be evicted from their property only by use of law, besides it also described how compulsory acquisition can be done. It was also repealed in 1978.

But this does not mean that the government of its own accord destroys or takes away the personal property of any person.

After the repeal of Article 19(1)(g), Article 300A was added to the Constitution which says: "No one shall be deprived of his property except by right of law."

This means that any such action, which takes away the property of any person, must be in accordance with the law passed by the Central or State Government, procedure or rules established thereunder or other statutory measures.

It is necessary to say once again that this is an expression of the basic concept of the right to be heard, and stipulates that without giving an opportunity to the person to defend himself, he cannot be deprived of his property.

As mentioned above, there is no law that justifies the act of demolishing the houses and shops of those accused of stone pelting in Khargone on April 11, as MP officials have tried to argue. Even if there is a case of breaking the illegal occupation, it is necessary to follow the due process, otherwise the demolition will become illegal.

If the process of illegal possession is not followed, people whose property has been damaged can approach the Madhya Pradesh High Court for relief, as they have been deprived of their property without the authority of law.

Ground report from Roorkee: Tension still in Dada Jalalpur, many Muslim families flee

Newsclick visited Dada Jalalpur village, spoke to both the parties and tried to know from them what happened that night of Hanuman Jayanti? And what is the situation now?

Ground report dada jalalpur

Women, children (top), Mehak Ara, whose house was robbed in violence (below) in Hindu neighborhoods with enthusiasm

The situation still remains critical in Dada Jalalpur village of Bhagwanpur area in Roorkee, Uttarakhand. On the one hand, most of the Muslim families of the village have had to leave their village, while on the other hand, the people of the Hindu community are demanding the arrest of other Muslim families under the leadership of Mahants-Saints. The police have so far  arrested 13  people from the Muslim community. So far  12  named and  40  unidentified persons have been included in the FIR.

Newsclick visited Dada Jalalpur village ,  spoke to both the parties and tried to know from them what happened that night of Hanuman Jayanti . You can read the events so far here .

There is a Shiva temple in the heart of Dada Jalalpur village ,  there was peace around the temple at  3  pm. People were inside their homes and the policemen posted on the spot were also resting in a compound. Naveen Saini of Rashtriya Swayamsevak Sangh told that  Hanuman Jayanti procession was concluded on the late night of 16  April at this Shiva temple. Describing the route of the Naveen Yatra, it is said that when the procession came inside Dada Jalalpur in the evening,  slogans of ' Allahu Akbar '  and  ' Pakistan Zindabad '  were raised from a Muslim house (although no one confirmed the slogan of Pakistan). Of). He said , " After that our boys also raised slogans of Lord Shri Ram , After which stone pelting started from that house. 

The Shiva temple is at the corner of a street and a road. The road comes straight from Dada Patti ,  and the street leads to Muslim homes. The procession did not come directly from the road but from the street. Mehak Ara  has been living alone in her house for 2  days. She tells that when the procession entered the street ,  songs were playing loudly on the DJ. A house (mentioned by Naveen) objected and asked the crowd to go ahead. The procession did not go ahead and the same argument took the form of violence.

Mehak Ara says crying , " When there was an uproar, I went to the terrace and saw that the procession has come, I said, let's take out worship ,  when the procession came, that house was the first to argue ,  but the Hindus here Should have thought too, they rained so many stones on my roof ,  broke neighbors' car. They also took away my  50,000  rupees. There was a cooker installed in the courtyard ;  Hindus here should have sent people from outside ,  our There is so much love in the middle."

Mehak Jigsaw

From where the violence started, there are obviously  2  answers ,  one for the Hindus and the other for the Muslims.

Naveen, however, admitted that stone pelting and violence have been equalized from both sides. Describing further developments, Naveen said , " Our boys did not lag behind when the stone pelting started ,  we also responded enthusiastically. When the clashes escalated, the administration came and barely stopped everything from them. After that, BJP leader Jai Bhagwan Saini and Master Satyapal reached here ,  after that the leaders of Bajrang Dal came here and decided to take out the yatra again." 

NewsClick in its report tells you how the procession was retaken at 1  pm in the presence of heavy police force and leaders of  BJP ,  Bajrang Dal ,  in whose video  songs like ' Mulla Pakistani '  were being played.

Mehak Ara tells that that night along with stone pelting, the mob had entered the houses. Out of fear and panic, their neighbors fled the house the same night ,  some left the next day. When a crowd came to Mehak Ara's neighbor Aleem's house, he jumped down from the roof with his wife and children, in which his leg was hurt ,  his wife is still in the hospital.

Village caste equation

Dada Patti, Dada Jalalpur and Dada Hasanpur are populated by people belonging to the Saini community, Muslim community and SC community. ie OBC and SC; This is the reason why Mehak Ara is surprised at this violence. She was saying time and again that "Sains and people of SC community should live with Muslim people."

Bulldozer politics  

According to media reports and villagers,  on Sunday, April  17  , 1  bulldozer was erected in the village. And the police had allegedly threatened and told that all the accused are Muslims to surrender ,  or else their houses would be demolished by bulldozers.

Naveen says , " There was a lot of hope from the bulldozer, but nothing happened ,  we had heard a lot that this happens in UP. But everyone has left the village after the arrival of the bulldozer." 

However, on talking to the police, he shrugged off the bulldozer and said that the bulldozer had come for mining.

Both the sections are unhappy with the police-administration 

The police and the administration have been accused by both sections. On the one hand, Hindus have said that when the police knew that violence could take place, why was there not a proper force in advance.

While the Muslim community is constantly accusing the police of unilateral action. 

FIR has also been done against Muslims ,  only Muslims have been arrested and only Muslims have been forced to leave their village.

Small contingents of police have been deployed throughout the village. Mehak Ara and Aleem told that the police patrol every night and till late in the night they beat sticks on the doors. 

More than half of the total Muslims in the village have left the village. Those who survive either live alone or are people whose children have been arrested.

Rabia, Akhtari and Bano

Newsclick spoke  to 3  elderly women whose sons are in jail. Akhtari said that he was also hit by a violent mob. He said , " These boys have played at my house." Two sons of Akhtari have been arrested by the police. Bano's son, who was sitting next to Akhtri, was arrested by the police when he was coming after offering prayers. 

The beauty of Hindu neighborhoods and locked houses of Muslims

Talking to Newsclick, two Hindu elderly women said that Muslims should be bulldozed. Behind the women were other women ,  girls ,  boys and children who were taking part in the discussion with great enthusiasm. On the other hand, Mehak Ara said , " The girls have left the village crying ,  yesterday only the sound of girls crying came from here." Mehak Ara says time and again , " I will not lie to fasting..."

Hate for muslims

Naveen's friend Sonu said about the Muslims , " Sitting on the land of our country and behaving like jihadis. This is a conspiracy against Hindus ,  Hindus act wisely because people are educated among these people." So no one is educated."

Naveen and his friend Sonu are waiting that Yogi Adityanath will become the Prime Minister of the country, then the country will become "Hindu Rashtra ,  every house will have   Hanuman Chalisa and there will be no atrocities".

" Every Hindu learned a lesson by looking at Kashmir files" 

Naveen said , " Every Hindu has learned a lesson after watching that film. I was also very sad to see it but now all Hindus have learned ,  now these jihadis will be taught a lesson."

Sonu, standing beside Naveen, says , " They have been expelled from the village, they will also be expelled from the country. Their ration card ,  voter list will all be destroyed, they will not even be able to vote." 

The Muslim community has written letters to the police administration about the attacks and thefts on their homes.

The violence was not over yet...

One of the last houses of Dada Jalalpur belongs to Dilshad. Some people of the procession were on their way back towards Dada Patti village after finishing their journey at the Shiva temple. Dilshad said , " It will be 3-4  o'clock in the night  ,  I had two brothers and their wives in my house ,  the mob entered and cut the electricity meter. E - rickshaw ,  car and motorcycle were set on fire. My brothers' wives hid in the closet ,  if we had found her, we would not have survived."   

Dilshad told that he stays in the fields day and night, coming back only at night to sleep. 

Dilshad sees the demolition in his house

The Bhim Army of the area has met  SSP Haridwar on Monday, 18  April and demanded speedy action in this matter. 

Meanwhile, the interference of Hindutva leaders like Prabodhanand Giri ,  Yatindranand Giri and Dineshanand Bharti seems to be increasing in this matter. On Monday  , April 18  , Dineshanand called Muslims the  " monsters of the modern era "  and announced that  on Wednesday, April 20  , he would stage a sit-in outside the SDM office.