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
if you think muslim killed million, then forget about you,....even you grand grand father never breath in this world. muslim are generous but if you provoke they will hit with full power even if he was alone, not like you people coward you attack in number like dogs
hope the US nukes muslim lands. Islam is responsible for killing millions
we never find Iran by supporting palestinians in their difficult times , only instigate groups like Hamas to keep entire area boil ,
watch situation sunni muslims in Iraq, syria , yeman... do US or Isreil responsible ? even US interfered , who is the benefeciary...
In Yeman entire sea route is controled by US navy , even then weapons are supplied to houthis.... who is supplying weapons weather US or Iran by the help of US navy.... !
Warriors of Muslim? Nonsense. they are killing so many muslims in Yemen, they are the one who started to fight the sunnis and killing them, they have killed many in Algeria, Lebonan using thei terrorism.
Read history of the their trait before blindly trusting. their statement now is just a political gimmic. if they are so worried about muslims and so powerful and talking about defending Saudi why did they defend palastine why dint they fight israel? why they just watching so many diying muslims children an women and men in palastine where is their power. what we hear nothing bnut lies from them. they will not do anything their aim is to conqer power. Rafida or Rawafid is their name!
Warriors of Muslim? Nonsense. they are killing so many muslims in Yemen, they are the one who started to fight the sunnis and killing them, they have killed many in Algeria, Lebonan using thei terrorism.
Read history of the their trait before blindly trusting. their statement now is just a political gimmic. if they are so worried about muslims and so powerful and talking about defending Saudi why did they defend palastine why dint they fight israel? why they just watching so many diying muslims children an women and men in palastine where is their power. what we hear nothing bnut lies from them. they will not do anything their aim is to conqer power. Rafida or Rawafid is their name!
salute fo the true worrier of muslim, IRAN
you are asking help with american slaves, sorry they are loyal dogs die for them not for muslim brothers.
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