The BJP Government in Madhya Pradesh led by Shivraj Singh Chouhan has created a precedent in the Rule of Law by demolishing nearly 52 structures like shops and houses of a minority community in Khargone town without making any enquiry to identify the culprits of communal riots that took place during the Ram Navami procession. “Stones were thrown from a particular area; therefore, turn the structures in that area into stones” is the new rule made by the M.P. Government. This argument appears to be laughable. Chouhan who is called ‘Mama’ has taken a new avatar as “Bulldozer Baba” and he seems to prove to the Sangh Parivar members that he is no less than Yogi Adityanath.   

As reported in the media, communal violence took place during the Ram Navami procession in Madhya Pradesh, Gujarat, Rajasthan, Jharkhand, West Bengal, and other places. Later, on the day of Hanuman Jayanti also communal violence broke out at Jahangirpuri in Delhi when a procession was taken out through the minority areas. In all these places, it appears that a particular pattern was followed. Processions were taken out through crowded minority areas with loud DJs. Those who participated in the procession carried arms and they were shouting provocative and even abusive slogans against the minorities. Often the procession stopped in front of mosques for further provocation of the minority community. 

As a reaction, stones were thrown at the procession in some places. Immediately, violence broke out with copious use of arms reportedly carried by miscreants in the procession. It seems that the main purpose of the procession was not celebration of the festival, but provocation of the minority community members.

From the media reports it is evident that those who are arrested and put in jail mainly belong to the minority community. Some people who were not present in the violence-hit areas on the day of clashes are also booked by the police. For example, at Sendhwa in Barwani district of M.P. three men named in a police complaint were in jail for 35 days preceding the violence. One among them is Shahbaaz. On 15th April, Shabhaaz’s mother, Sakina Shiekh, said that her son was in jail and could not be involved in communal riots. 

When this was brought to the attention of the Superintendent of Police, Deep Kumar Shukla, he said that it didn’t really matter because Shahbaaz is a local goon and constructed the house illegally. “If the accused were in jail, their names would be removed from the FIR. The FIR is the first information report, not the final one,” he added. The attitude and behaviour of the police clearly indicate that they are biased against Muslims.

It was reported that one of the houses demolished at Khargone belonged to Hasina Fakhroo, which was built under Pradhan Mantri Awas Yojana. Ms Fakhroo had received Rs. 2.5 lakhs from the government under the Pradhan Mantri Awas Yojana and the family put another Rs. 1 lakh they had saved to construct a house. The construction was completed in six months. But the administration demolished it on the pretext that it was built on government land.

It seems that the action of the administration is revenge against the minority community rather than identifying the real culprits and bringing them to books. A statement by the Chief Minister on 14th April justified demolition while promising homes for people affected in the Khargone riot. “If someone spreads riots, Mama will not leave them…Mama will build the house again. I will also recover the losses from the rioters. I will not leave them,” he said, referring to himself in the third person.

Demolition drive was replicated on 20th April in Jahangirpuri area of Delhi where communal riots had taken place last week. Bulldozers rolled into the locality and started razing shops and other structures amid heavy police presence. According to NDTV News, the anti-encroachment exercise was ordered after Delhi BJP chief Adesh Gupta wrote to the Mayor, asking him to identify illegal constructions by "rioters" and demolish them.
 
The Supreme Court stayed the demolition drive in Jahangirpur area by responding to a petition filed by Jamiat Ulama-i-Hind. Appearing for the petitioner, advocate Dushyant Dave told the court that it was completely unauthorized and unconstitutional to demolish houses and establishments without issuing notices to the people concerned. Under the Municipal Acts, notice has to be given at least 5 to 15 days before carrying out the demolition, he said.
 
It was also reported in the media that the demolition continued despite the SC order on the pretext that the authorities did not receive the order. Dave once again rushed to the Chief Justice of India raising the issue. Taking note, the CJI ordered that its order be communicated through the Registrar General or Secretary General immediately.
 
If the government does not follow the law of the land and not even comply with the Supreme Court order where is the Rule of Law? In the absence of Rule of Law any country will have jungle raj. Rule of Law is one of the core principles of democracy. It means that all are equal before law, including those who make the laws and who are in charge of implementing the laws. It is also part of the Rule of Law that no one should be punished without the due process of law. 

What the BJP governments are doing is naked violation of law and the Constitution. The government has no power to punish people without a court order. Demolition of unauthorized structures seems to be an excuse to punish members of Muslim community. Why demolition is done only in the localities where the Muslim community is living. Non-discrimination and equality are essential principles of Rule of Law.

In Ukraine, Russia is using tanks to destroy and kill whereas in India bulldozers are being used to demolish the houses and shops of Muslims. It is a selective attack by the government on the community. When communal violence broke out at different places in India both the Prime Minister and the Home Minister kept mum. Silence by these two at the top of the administration is really worrying. Instead of punishing the culprits who made use of religious processions for inciting violence, the government is punishing the victims of violence. In the words of Yogendra Yadav, there are two classes of citizens in India: first class citizens who enjoy constitutional protections and rights, and second class citizens who enjoy some of these protections only when the government or the majority desires so. 

It appears that there is a hidden plan to make religious polarization a continuous process through sporadic violence instigated by raising various controversial issues and fake news. Instead of focusing the energy and resources of the country to solve the problems of people, especially unemployment, they are being used for destructive purposes. It is the responsibility of the administration to prevent communal riots by taking precautionary measures. 

It was reported that the religious procession was taken out in Jahangirpuri in Delhi without the permission of the police. The police could have stopped the procession. Why do the police allow carrying weapons during religious processions? No religion enjoins its followers to carry weapons during processions. Which God is glorified by exhibiting lethal weapons during religious processions? Instead of taking precautions to prevent violence, the administration is busy demolishing houses and shops belonging to a particular community without conducting an impartial enquiry to identify the culprits. This practice is to be stopped.

It is heartening that the Supreme Court has agreed to hear the petitions pending about demolition drive in Uttar Pradesh, Madhya Pradesh and Gujarat along with the petition filed by Jamiat Ulama-i-Hind in Delhi. The SC has to put an end to the practice of bulldozing houses and other structures without due process of law. Bulldozing the Rule of Law is very dangerous.