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
Be good to believers and non believers.
Only your good characters can attract others. Not your bad attitudes.
So, be good to all.
Our Hindu brothers, know about Islam and they like it. One day, they will come embrace Islam. Islam is natural way of living.
When the girl from Non-hindu family married a Hindu man, she was not accepted in Hindu Community.
They dont want someone to join Hindu religion and also they dont let someone join other religion.
what kind of mentality. Within Hindu community, they dont treat all Hindus equally, A lot of grades, upper, medium, lower, lowest..... 1000 grades.
Is it religion of God. This nothing but Moking the God.
So they have taken the right step, to join Islam which is the real religion, where every teaching goes with science. There is no superstition.
Equal treatment to all and no discrimination between anyone.
What is religion. Religion is set of commands to be successful come from the God, who is the wisest.
Remember a religion can not be a religion if it contradicts science.
The Islam religion is a full of guidance how to live in this world .
It is teaching how to be successful and after the death which is the permenent life for ever (after the death).
Alhamdulillah! Allahu akbar .. let allah give hidayath to all commented brothers and sisters
They just forced to do that. Media hiding the facts
When Modi rules, these things wont amuse people
Foolishness. They jumped from small pothole to deepest well of trap
Fake news.. propaganda
Add new comment