New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.
The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.
Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.
On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”
The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.
In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:
Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.
Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.
Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.
Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.
Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.
Comments
Sure he will pay for such barbaric henious act, just a matter of wait and watch.
Retaliate kill him and supportng RSS leader in same manner.
Uncultured barbarian act...!! Culprit should be hanged in order to put end to these ruthless act.
Shourya diwas part 2 by VHP? India is becoming famous in negative sense day by day, all credit to right extremist hindu groups!
Give them more power, we will become next Taliban, Nazi!!!
That whole area of Indian subcontinent (India, Pakistan, Bangladesh, Sri Lanka etc) is still pretty much brutally primitive. Not only that they have not achieved much in materialistic standards in seven decades of independance but in terms of behavior also, the people on the ubcontinent have remained to be quite primitive !
RSS should be happy today, as one of their cadre has done them proud. RSS has made animals out of humans. This is what RSS wants in India. Great. Bharat Mata ki Ja
Love jihad is a very dangerous practice which is now spreading in whole of India. Though the murder of a lab on the name of love jihad in Rajasthan can not be justified but those responsible for this practice must be identified and sent in jail with exemplary punishment.
Check the original video. The cries of the poor helpless man are still haunting me. How can somebody be so ruthless? Comparing this scumbag to an animal is an insult to whole of animals. As lynching was a common phenomenon by the so-called fully tolerant, totally peace loving Hindus, I felt perhaps it should be the work of few uncivilized religious bigots. Now I wonder the difference between Hindus and the other peace loving religion. If Hindus have muscle power, money power, position and the required resources, they can be one of worst sects or an ideal competitor for the other peace loving religion in this world.
@Bhageeraha Bhaira,
What you said is applicable to all. Many so called "peace lovers" killed poor peopel.
Many Hindus got killed by muslim terrorists. Then no news.
Mr Kumar! Killing is not intolerance. This is terrorism. The word ‘Intolerance’ can be used if someone doesn’t tolerate the smell of your body.
Intolerance... Attack on muslims increasing
Shocking incident
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