The Allahabad High Court has raised serious concerns over the Uttar Pradesh government's practice of declaring individuals as 'Bhu Mafia' (land grabbers) without any specific law authorizing such actions. The court has directed the state government to justify its stance, emphasizing the potential infringement of individual rights.
The Case Background
The case involves Banvari Lal, who approached the High Court challenging his designation as a 'Bhu Mafia' by the state authorities. Lal argued that the only allegation against him—encroachment of school land—had been dismissed due to lack of evidence. Consequently, proceedings under Section 133 of the Criminal Procedure Code (CrPC) were dropped by the concerned authority on October 12, 2020. Despite this, his name remained on the list of land grabbers.
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Lal's counsel highlighted that the District Magistrate of Agra had even recommended the removal of his name from the list. However, the state authorities failed to act on this recommendation, leaving Lal's reputation tarnished.
The declaration of an individual as a 'Bhu Mafia' has severe repercussions on their reputation and dignity. Lal's counsel argued that such actions violate Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The counsel contended that ridiculing an individual's prestige and dignity in public is unconstitutional, especially when there is no legal basis for such declarations.
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The court noted that while the government order dated May 1, 2017, which established the Anti-Bhu Mafia Task Force, was not challenged, the legal permissibility of declaring someone a 'Bhu Mafia' without specific legislation needs thorough examination.
The bench, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, expressed prima facie concerns that declaring someone a land grabber could infringe on their fundamental rights. The court stated, "To what extent such action is legally permissible would thus require consideration of this Court."
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In light of these observations, the court has stayed Lal's designation as a 'Bhu Mafia' until further orders. Additionally, the court has directed the concerned Secretary of the State to justify the state's actions by filing an affidavit within three weeks.
The matter is scheduled for a hearing on March 6, 2025, and has been listed among the top ten cases
