SC calls bulldozer justice ‘totally unconstitutional’
The Supreme Court bench has directed authorities that demolitions must not proceed without first issuing a show cause notice. This notice must clearly explain the reasons behind the planned action, providing individuals and property owners an opportunity to respond. The court stipulated a minimum period of 15 days from the date of notice issuance before any demolition can be carried out, ensuring due time for affected parties to prepare. This guideline aims to uphold principles of justice, fairness, and accountability, addressing concerns over “bulldozer justice” by mandating adherence to proper legal procedures and preventing hasty or arbitrary demolitions.
The Supreme Court has issued comprehensive guidelines addressing the practice of “bulldozer justice,” condemning instant demolition of properties belonging to accused individuals without due legal process. These guidelines, issued on Wednesday, apply nationwide and seek to curb executive overreach, ensuring that constitutional safeguards protect individuals’ rights even when facing allegations of wrongdoing.
Gavai and K.V. Viswanathan, who underscored the unconstitutional nature of such summary demolitions.The court highlighted that the Executive branch of the government cannot assume the roles of judge and jury, declaring individuals guilty and punishing them by demolishing their properties. The decision marks a critical step in upholding due process, asserting that even individuals accused or convicted of crimes retain rights and protections under the Constitution and criminal law.
In its judgment, the bench specified that no demolition can be carried out without first issuing a show cause notice. This notice must be served at least 15 days prior to the planned demolition, providing the property owner a window to respond and make a case against the demolition if they choose. This stipulation aims to prevent arbitrary or unchallenged actions that lead to individuals and families, including women and children, being displaced overnight. “It is not a happy sight to see women and children on the streets overnight,” Justice Gavai noted, emphasizing the humanitarian and societal impacts of such actions.
To further reinforce transparency and accountability, the court mandated that demolition proceedings be videographed. This measure is intended to provide an objective record of the process and address potential claims of misuse or excess in carrying out demolitions. Videographic documentation, the court indicated, would help ensure that demolitions, if deemed necessary, are conducted in a lawful and respectful manner, minimizing any undue distress to affected individuals.
The Supreme Court made a distinction, however, for cases involving unauthorized constructions on public land or demolitions ordered by a court of law. In these instances, the new guidelines would not apply. Unauthorized constructions on government-owned land or structures deemed illegal through judicial orders may still be subject to demolition, as these cases involve clear violations of legal standards and are outside the scope of the current ruling.
The bench’s decision came in response to petitions seeking standardized guidelines for property demolitions across India. The petitioners raised concerns that demolitions are often carried out as punitive actions without a fair hearing, particularly targeting marginalized communities or those accused of crimes. By framing these guidelines, the Supreme Court aims to strike a balance between the need to maintain public order and respect for citizens’ constitutional rights, ensuring that any form of demolition is conducted only after thorough legal scrutiny.
The Supreme Court’s verdict aligns with fundamental rights and emphasizes that being accused or even convicted of a crime does not strip an individual of all protections. The ruling reflects the judiciary’s commitment to uphold the principle that punishment for a crime should be determined by due process and should not extend to extrajudicial actions by state authorities. As the guidelines are implemented, it is expected that they will serve as a deterrent to any government bodies that might otherwise exercise “bulldozer justice” as an immediate response to criminal accusations.
This ruling establishes a necessary check on the Executive’s authority, mandating adherence to proper legal channels and safeguarding individuals from impulsive demolition actions that could disrupt lives without proper cause. By reinforcing the importance of prior notification, a grace period, and videographic evidence, the Supreme Court has underscored its dedication to the rights of due process and fair treatment for all individuals, regardless of their legal status.