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The Supreme Court of India has issued a strong statement against the practice of 'bulldozer justice,' emphasizing the fundamental principles of due process and the separation of powers within the legal system. The judgment, delivered by Justices BR Gavai and KV Viswanathan, addresses concerns raised by petitions challenging the use of bulldozers to demolish properties of individuals accused of crimes, a trend that gained traction in several states. The court's decision underscores the importance of upholding the rule of law and ensuring fair treatment for all citizens, regardless of their alleged involvement in criminal activity.
The court firmly rejects the notion that the executive branch can usurp the judiciary's role in determining guilt or innocence. It asserts that the legal process must be followed, and individuals accused of crimes cannot be prejudged based on mere accusations. The court recognizes the fundamental right to shelter and the potential for arbitrary state action to violate this right, particularly when demolition is used as a form of punishment without due process. The judges emphasize that the demolition of a home is not a trivial matter; it represents the culmination of years of hard work, aspirations, and security for individuals and families.
To prevent future instances of arbitrary demolitions, the Supreme Court lays down a set of comprehensive guidelines. These guidelines mandate that no demolition can proceed without a proper show-cause notice being served to the affected individual. This notice must clearly state the nature of the alleged violation, the specific grounds for demolition, and provide the individual with an opportunity to respond within a reasonable timeframe. The affected individual has the right to be heard by the relevant authority before a final decision is made. Further, the court establishes that a 15-day period must be granted to the homeowner to remove the allegedly illegal structure before demolition can proceed. The guidelines also require an appellate process, allowing for a review of the demolition order by a higher authority. The court makes it clear that any violation of these guidelines will be met with contempt proceedings. Notably, the court holds public officials accountable for any unlawful demolitions. If it is determined that an officer acted arbitrarily or in bad faith, they will be personally responsible for the restitution of the demolished property, with the cost to be deducted from their salaries.
The Supreme Court's judgment in this case is a significant development in safeguarding individual rights and reinforcing the principles of justice and due process in India. It serves as a crucial reminder that the rule of law must prevail over any form of extrajudicial action. By establishing clear guidelines for demolition and holding officials accountable, the court aims to ensure that the right to shelter and the right to a fair trial are upheld, preventing the abuse of power and safeguarding the fundamental freedoms guaranteed by the Indian Constitution.
Source: "Officials To Pay From Salary": Top Court Guidelines On 'Bulldozer Justice'