The Supreme Court on Tuesday halted unauthorised demolition of private property, anywhere in India, till October 1, when it will next hear arguments against ‘bulldozer justice‘, the practice by some state governments to destroy residential or commercial property owned by people accused in criminal cases.

The court dismissed concerns by the government – represented by Solicitor General Tushar Mehta – that its order would impact legally sanctioned demolitions. “The heavens won’t fall if we ask you to hold your hands till next hearing”, a bench of Justice BR Gavai and KV Viswanathan declared.

An irate top court – which has already come down hard, twice this month, on ‘bulldozer justice’ – also warned against “grandstanding” and “glorification” of this practice. “No demolition, till next, date, without permission of this court,” it said, warning the Election Commission may be put on notice.

The court’s reference to the poll panel is significant given elections are due in Jammu and Kashmir (the first Assembly election in a decade) and Haryana, where the Bharatiya Janata Party is looking to return to power. Elections are also due this year in BJP-ruled Maharashtra and Jharkhand.

The court also waved away Mr Mehta’s suggestion it had been influenced by a “narrative”, pointing out “even if there is one instance of illegal demolition, it is against the ethos of the Constitution”.

“The ‘narrative’ is not influencing us. We made it clear that we won’t (stop) demolition of unauthorised construction… but the executive can’t be a ‘judge’ (of what is illegal),” the Supreme Court said, saying also it will lay down guidelines to identify potentially illegal constructions.

However the court – hearing petitions against bulldozing of homes and commercial properties belonging to individuals accused of or convicted in criminal cases – also said its order is not applicable to removing encroachments in public spaces like roads, railway tracks, and water bodies.

In today’s hearing some petitioners said demolition had taken place despite the court’s earlier instructions – that “alleged involvement in a crime is no ground for demolition of property”.

“This is happening daily… please give a short date (to the next hearing). That is all I am saying…” one petitioner said, while another asked how “in a neighbourhood only one house is ‘unauthorised'”.

Earlier, Mr Mehta had referred to demolitions in Madhya Pradesh to counter claims that bulldozers were used to target property belonging to non-Hindus, specifically Muslim, community members.

“In Madhya Pradesh… 70 shops were demolished after following procedure and more than 50 belonged to Hindus. What they are saying – ‘mohallas’, etc. – is just ‘narrative building’!”

“The narrative has appealed to this court…” the Solicitor General declared.

Aam Aadmi Party leader Atishi – chosen by Arvind Kejriwal to replace him as Delhi Chief Minister following his resignation this week – has appealed to voters in the national capital to “make your son, your brother, the Chief Minister again” in the Assembly election due in February next year.

Mr Kejriwal’s return, Atishi said, will be the goal of her government and all AAP lawmakers.

“Arvind Kejriwal believed in me… AAP believed in me. That is why I have been given this responsibility. While I am happy in this trust, I am also sad Arvind Kejriwal had to resign,” the incoming Chief Minister told reporters, “Delhi has only one Chief Minister… and that is Kejriwal.”

“Today, to all the people of Delhi, this is an appeal to make your son, your brother, Arvind Kejriwal, the Chief Minister of Delhi again… because he is a honest man,” she said, “Citizens, AAP MLAs, and I will work towards only one objective – to make Arvind Kejriwal Chief Minister once again.”

Atishi has also vowed to defend the AAP against the Bharatiya Janata Party’s “conspiracies”, accusing the opposition party of pursuing “fake charges’ against the outgoing Chief Minister; Mr Kejriwal was arrested by the Enforcement Directorate in March, and again by the Central Bureau of Investigation in June, on money laundering and corruption charges linked to the alleged liquor policy scam.

He was released on bail last week. This was after spending over six months in jail and his bail pleas bounced back and forth between the trial court, the Delhi High Court, and the Supreme Court.

“BJP imposed fake cases on the AAP… made up charges against Arvind Kejriwal… but the Supreme Court gave its decision. And that decision was a slap on agencies (referring to the Central Bureau of Investigation and the Enforcement Directorate, each of which filed a case against Mr Kejriwal)…”

READ | AAP’s Atishi To Be New Delhi Chief Minister, Chosen By Kejriwal

Atishi will take over after Mr Kejriwal – who dropped quite the political bombshell Sunday – meets Lieutenant Governor VK Saxena this evening, when he will formally resign. Her promotion was confirmed at AAP legislators’ meeting, at which she was elected to lead the party’ legislative council.

A 43-year-old MLA from South Delhi’s Kalkaji, Atishi shot to prominence after ex Deputy Chief Minister Manish Sisodia was arrested in the liquor policy case in February last year.

READ | Meteoric Rise Of AAP’s Atishi, Delhi’s Next Chief Minister 

She was handed charge of the Education Department led till then by Mr Sisodia.

Her role grew further following the arrest of Rajya Sabha MP Sanjay Singh in the same case. And, after Mr Kejriwal’s arrest, Atishi and her colleague Saurabh Bharadwaj were given key portfolios – he got Health and Water, she got Public Works – and she began leading the party’s fightback.

On August 15, Mr Kejriwal chose her to hoist the national flag at the Delhi Government’s Independence Day event. While Lt Governor VK Saxena foiled that plan, it was clear then the AAP leadership placed immense faith in Atishi.

READ | Kejriwal Says, “Will Quit In 48 Hours, BJP Asks “Why Not Today?”

Arvind Kejriwal’s resignation has been panned by the BJP as “drama” to generate sympathy ahead of the Assembly election, which the AAP leader wants brought forward to November. Mr Kejriwal and Mr Sisodia said they will seek a ‘clean chit’ from the voters to back the Supreme Court’s bail orders.

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