‘Officials to pay from salary’: Supreme Court issues guidelines on ‘bulldozer justice’

News Network
November 13, 2024

buldozerjustice.jpg

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

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 4,2024

In a tragic turn of events, a young spectator lost his life during a bull-taming event, Kobbari Hori, at Chigalli in Mundgod taluk, Uttara Kannada, on Saturday. 

Parameshwar Siddappa Harijan, aged 22, was fatally gored by a marauding bull during the event, which had drawn large crowds as part of the Deepavali festival celebrations.

With thousands of spectators lining the path to witness the action, the event took a horrific turn when the bull charged directly at Parameshwar, inflicting severe injuries. 

Despite efforts to rush him to the hospital, Parameshwar tragically succumbed to his wounds on the way.

In response to the fatal accident, another bull-taming event scheduled for the evening in Mundgod town was promptly cancelled, as shock and grief swept through the community following the heartbreaking incident.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 3,2024

Mangaluru: Deputy Chief Minister D K Shivakumar emphasized the urgent need for local job creation and a dedicated tourism policy to address communal tensions and rejuvenate the Dakshina Kannada region. 

He spoke during "Ashoka Jan-Mana," a clothing distribution event organized by Rai Estates Educational and Charitable Trust, under the leadership of MLA Ashok Rai, at Kombettu’s taluk stadium in Puttur on Saturday.

“There are challenges to communal harmony across the coastal and interior regions of Dakshina Kannada. To counter these issues, we must provide opportunities for our youth," Shivakumar stated. "The government is considering a specialized tourism policy for the coastal areas to attract more visitors and retain local talent."

Shivakumar expressed concern about a rising trend among local youth to migrate to Saudi Arabia, Mumbai, and Bengaluru due to limited job opportunities in the area. "Communal disturbances have also discouraged students from other districts from enrolling in our institutions, and several banks that originated here have closed down," he said.

Highlighting the region's potential, Shivakumar remarked, “Dakshina Kannada is home to many temples and boasts a rich coastline. Yet, despite Mangaluru having a major port, we still lack five-star hotels. Developing tourism here will be essential for creating jobs and fostering harmony.”

He also hinted at development projects proposed by Ashok Rai for Puttur, which are currently under wraps due to by-election restrictions. Assuring commitment, Shivakumar said, “Although we secured only two seats in Dakshina Kannada, we are committed to developing all constituencies in the region.”

The Deputy Chief Minister concluded with a powerful message on leadership, likening Ashok Rai to a modern embodiment of ancient virtues. “For success, one should have Dharmaraya's righteousness, Karna's generosity, Arjuna's focus, Vidura's ethics, Bhima's strength, and Krishna's strategy. Ashok Rai has all these qualities," he said, praising Rai’s dedication to the people of Dakshina Kannada.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
October 31,2024

Bengaluru: Karnataka Chief Minister Siddaramaiah on Thursday alleged that BJP was raking up the "Waqf issue" with an eye on the upcoming assembly by-polls in the state and elections in neighboring Maharashtra.

Following allegations by a section of farmers in certain parts of the state that their lands were marked as Waqf properties, he reiterated that none of them will be evicted, and notices issued to them will be withdrawn.

"BJP is doing politics. Notices were issued during their (BJP) tenure too, what do they have to say about it? During BJP's tenure over 200 notices were given. One should not practice such dual politics," Siddaramaiah said.

Speaking to reporters here, the CM said, "I have already said that the notices will be withdrawn, where is the issue? In case the notices are issued they will be withdrawn and no one will be evicted, where is the issue?" "Whichever district it is...They (BJP) had also given notices in several districts. Why did they give? Why are they doing such politics? In case notices were served by our government, they will be withdrawn and no farmers will not be evicted....the protest they have planned on November 4 is for politics keeping in mind by-polls in three segments and Maharashtra elections," he added.

A section of farmers from Vijayapura district have alleged that their lands were marked as Waqf properties, and similar allegations have surfaced from a few other places.

The BJP is planning a statewide agitation on November 4, demanding the resignation of Minority Welfare and Waqf Minister B Z Zameer Ahamed Khan, and against the Congress government over the issue.

Accusing the BJP of only doing politics and and not speaking the truth, Siddaramaiah said, "they only speak lies, they make issue out of non issue. Is there any issue in MUDA (site allotment case, in which he is accused and facing probe)? They wanted to make a non issue, an issue." Channapatna, Shiggaon and Sandur Assembly segments will go for by-polls on November 13.

The CM said he will go for campaigning in three assembly segments that will go for bypolls, from November 4 to 11.

He expressed confidence about Congress winning all the three segments.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.