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
Allah SWT will guide whoever he wishes. Your discriminatory human laws mean nothing. People have a natural desire to give up the worship of hundred false deities in favour of One true God.
The more you try to prevent, the more people will have curiosity and urge to know the truth.
This is something true,
- Islam is getting more attracted through the world.
- As Islam is very much practical religion, the God says, as God is one, he ordered to follow Islam and he does not accept any other religion. Therefore Muslims follow it and propagate to others.
- Our constitution approves its citizens to follow any religion of his/her choice, like in other countries. It also allows every religion in India to propagate it to others.
- As Islam is the practical religion, it is widely attracted by others to accept it.
- I would like ask our Hindu brothers, to study their religion like Vedas and understand it. Islam is also fully inline with Vedas, therefore Hindus accept Islam. I have seen many young Hindu priests who are expert in Vedas, have accepted Islam.
First of All, Islam does not allow to forcefully convert.
The message is very clear, Muslims have to follow what they believe and they just convey others.
This is by setting as an example by themselves by practicing its teaching and then explain others.
No force, or enticing is allowed by offering money, house, food etc.
It is upto the person, if he/she understood the message and ready to accept it.
People should be given free choice to think, and decide what is best for them to choose.
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