Letter Petition seeking urgent intervention against the illegal, discriminatory action of the state in Udaipur city– before the so called “bulldozer justice” takes over the Constitution of India
By PUCL Rajasthan
To,
Hon’ble The Chief Justice
Rajasthan High Court, at Jodhpur
Rajasthan
Subject: – Urgent intervention against the illegal, discriminatory action of the state in Udaipur city– before the so called “bulldozer justice” takes over the Constitution of India.
Respected Sir,
With reference to the above-mentioned subject matter, we request your kind attention to the illegal, discriminatory and communal conduct of the state authorities in the city of Udaipur, Rajasthan
On 16/08/2024, it was alleged that a schoolboy belonging to the Muslim community had stabbed his classmate who was a Hindu. Later, the injured boy was taken to the hospital and is currently receiving treatment. The child in conflict with law has been taken into custody. It is also strange that the father too has been arrested by the police, the reasons are unknown.
However, it is pertinent to mention here that the Forest Department issued a notice dated 16/08/2024 to the father of the child in conflict with law, stating therein that the house in which they were residing comes within the protected area under the Wildlife Protection Act and the directed them to vacate the said premises before 20/08/2024. It is worthwhile to mention here that there are more than 200 houses constructed in the said locality, however, only the family of the juvenile in conflict with law is being targeted by the state authorities to satisfy the power lust of certain miscreants / class of miscreant in the society who benefit from such communal tensions in the country.
This pick and choose – targeted approach of the state authorities is a blatant violation of the fundamental rights and the principles of natural justice of the people dwelling in the said house, much less the legal rights available to them in the special laws.
Before the family members of the child in conflict with law could have approached this hon’ble court against the said arbitrary and illegal notice dated 16/08/2024, the state authorities demolished their house with a JCB / Bulldozer and the entire family of the child in conflict with law has been dispossessed in an arbitrary and illegal manner. The disposed innocent persons have no other place to reside and all the friends and relatives of the dispossessed family members are denying shelter to them on account of severe apprehension of such illegal and discriminatory action in the event of giving them shelter. This action of the state is nothing less than goonda raj which will make the existence of courts of law irrelevant.
By this action of the state, this isolated alleged offence of stabbing is being given a communal colour only because the child in conflict with law is from the minority Muslim community and the victim belongs to the majoritarian Hindu community. Nowhere in the entire BNS, BNSS of the Juvenile justice Act, it has been provided that the state authorities can be permitted to act in such a cruel & discriminatory manner. The entire family of the juvenile in conflict with law is now on streets for no fault on their part.
Even the hon’ble Supreme Court of India has sternly criticized this practice of ‘bulldozer justice’ when several such incidents were being reported from the Stat of UP, apart from State High courts in Guwahati, Allahabad, Jabalpur and Delhi.
Sir, your urgent intervention on the judicial side is extremely quintessential, currently failing which the lawlessness will soon take over and bulldozer justice will take place of the courts of law for dispensing justice.
If this is allowed to be continued, we firmly believe that the day is not far when the executive will bulldoze even the courts of law who are passing orders against their government.
Hence, apart from your kind intervention in this matter, as an urgent cry for the disposed family we request for your appropriate directions for the
· rehabilitation of the dispossessed members and in the meanwhile, we request a transitional shelter pending arrangements of appropriate shelter.
· We demand compensation for the illegal action of demolition undertaken by the state and
· strict legal action against the erring officers who ordered for the said illegal demolition.
· Investigation in the criminal Case be monitored by the Hon’ble court as the Udaipur police and administration have shown their extreme bias against the accused, even prior to the investigation, that fair and just investigation seems a far cry.
Please treat this as a letter petition and pass appropriate orders for taking Suo-moto cognisance, by the hon’ble High Court.
With regards,
Kavita Srivastava (President, PUCL National)
Bhanwar Meghwanshi (President, PUCL Rajasthan)
Anant Bhatnagar (General Secretary, PUCL Rajasthan)