Yogi Adityanath-ruled Uttar Pradesh is witnessing a political row over another possible instance of bulldozer force a month before the byelection, scheduled for nine Assembly seats in the State on November 13.

On October 13, communal clashes in the Maharajganj area of Bahraich district left one person, identified as Ram Gopal Mishra, dead and several wounded. The police have arrested over 80 accused persons, mostly Muslims, while several young men have reportedly fled the area fearing police action.

The accused have been booked under sections of the Bharatiya Nyaya Sanhita, including 121 (voluntarily causing hurt or grievous hurt to deter public servant from his duty), 132 (assault or criminal force to deter public servant from discharge of his duty), 309 (robbery) and 191 (every member of an unlawful assembly guilty of offence committed in prosecution of common object).

But opposition leaders have condemned the riots as “pre-planned,” alleging that the BJP is deliberately engineering communal tensions to sway the upcoming November election.

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In the immediate aftermath of the violence, the Public Works Department (PWD) declared the Kundasar-Mahasi-Nanpara road—the focal point of the disturbances—as a major district road. Between October 17 and October 23, notices were issued to 23 houses and shops owners in the area, with a striking 20 from the Muslim community.

The notices mandated the removal of illegal constructions within three days, citing regulations that prohibit structures within 60 feet of the road’s centre without prior approval. Though the PWD notices gave three days time, the affected families have got relief from the Allahabad High Court.

Meanwhile, the Adityanath government’s action is being seen as part of his larger politics wherein bulldozers symbolise his communal aggression. Ever since Adityanath became Chief Minister, the State has witnessed liberal use of police encounters and demolition drives against alleged criminals from the Muslim community. No wonder, bulldozers were made the engine of his electoral campaign in the run-up to the 2022 State Assembly election.

But the row over the intended use of bulldozers in Bahraich has taken an intriguing turn after a BJP MLA filed an FIR against members of his own party, accusing them of inciting communal violence during the Durga idol immersion on October 13.

This unprecedented move ahead of Assembly byelection has brought the ruling party under the scanner. Javed Ali Khan, a Samajwadi Party (SP) Rajya Sabha MP, lambasted the State government for the communal flare-up. “Since the bypolls are round the corner, the ruling party is completely relying on Hindu-Muslim polarisation. The BJP-led State government has abdicated its responsibilities completely,” Khan told Frontline, adding that, “A riot is always planned and organised. In Bahraich too, the rioters were deputed whereas the local people have acted very responsibly.”

Khan referred to a viral video in which two accused persons, Prem Kumar Mishra and Saburi Mishra, purportedly claimed that violence in Bahraich was “sponsored”. They confessed to having taken part in it. Both of them were later arrested. Earlier, the Bahraich Superintendent of Police Vrinda Shukla had termed the claims made in the video clip as the “rambling of drunk men”.

“Shame on BJP’s politics and its hunger for power,” Akhilesh Yadav, the SP supremo and former Chief Minister, said in a video appearance on social media as he accused the ruling party of conspiring to incite riots. “The BJP has lost its face in the wake of new revelations,” he said, referring to BJP MLA Sureshwar Singh’s FIR.

Singh’s FIR incidentally names BJP workers, including Aarpit Srivastava, the president of the BJP youth wing, Anuj Singh Raikwar, and Shubham Mishra. The FIR accuses them of violent acts such as rioting, stone-pelting, and attempted murder. It details the violent protests surrounding the deceased Ram Gopal Mishra, during which Singh and his associates were reportedly attacked with stones and faced gunfire.

The role of electronic media

On October 23, Singh clarified his position at a press conference held at his residence. “It was only after the case was registered that I learned Arpit Srivastava is the city president of the BJP’s youth wing. Beyond that, I do not believe anyone from the BJP was involved,” he stated. “I have made it clear that filing a case does not equate to someone being guilty. There are CCTV cameras at the incident location. Investigators will review the footage, and appropriate action will be taken against anyone found guilty, including those who fired shots or threw stones.”

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Notably, the role of electronic media has also come under scrutiny for adding fuel to the communal fire. Several TV channels and media outlets claimed that Ram Gopal Mishra was allegedly brutalised before he was killed, quoting a purported postmortem report. The police have rejected such claims. Without referring to media reports, the Bahraich police wrote on social media that the misleading claims were aimed at disturbing communal harmony.

On October 21, the Allahabad High Court granted relief to individuals served with demolition notices for alleged illegal structures, extending the deadline for filing responses by 15 days. This decision followed a Public Interest Litigation (PIL) filed by the Association for Protection of Civil Rights, represented by its Vice President for UP East, Sayed Mehfuzur Rehman. The petition challenged the notices issued in the Mahsi area of Bahraich district, where recent violence occurred amid claims that the UP government intends to demolish properties belonging to those allegedly involved in the unrest. The case is scheduled for its next hearing on November 4.

On October 22, the Supreme Court indirectly warned the Adityanath government regarding potential bulldozer action. The court emphasised that it is the State government’s “choice” to risk contravening its directives. However, the court clarified that it would not intervene if the structures in question are deemed illegal.

Previously, on October 1, the Supreme Court had reserved judgment on petitions challenging the demolition of homes as a punitive measure, a practice commonly referred to as “bulldozer justice”. A bench of Justices B.R. Gavai and K.V. Viswanathan clarified that demolitions cannot occur solely because an individual is an accused or convicted criminal. During the hearings, the bench discussed guidelines to prevent the misuse of local laws regarding demolition, ensuring due process is followed. They announced plans to issue “pan-India guidelines” that will apply equally to all communities.

“Of late, the higher judiciary has sent a positive signal, we are hopeful that it will discourage the BJP’s ‘bulldozer’ politics in the days to come,” said Javed Ali Khan.