A significant stance against what has been dubbed ‘bulldozer justice,’ the Supreme Court of India delivered a sharp rebuke on Monday, asserting that properties cannot be demolished simply because they belong to individuals accused of crimes. This landmark observation came as the court heard a series of pleas challenging the practice of authorities demolishing homes of those accused of serious offenses.
The bench, comprising Justices B R Gavai and K V Viswanathan, made it clear that even a conviction does not automatically justify the demolition of a person’s property. “Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” Justice Gavai emphasized, underscoring the importance of due process.
Laying Down the Law
This judicial intervention is poised to bring much-needed clarity to a contentious issue that has seen numerous properties razed in recent years under the guise of combating crime. The Supreme Court, recognizing the potential for misuse, has announced its intention to establish comprehensive guidelines that will apply nationwide, ensuring that the rights of individuals are protected even in the face of criminal accusations.
Justice Viswanathan offered a poignant illustration to drive the point home: “A father may have a recalcitrant son, but if the house is demolished on this ground…this is not the way to go about it.” This remark highlights the court’s concern that the actions of one family member should not lead to punitive measures against others.
Procedure Over Punishment
The Supreme Court stressed that demolitions can only be justified if the structure in question is illegal. Justice Viswanathan proposed that before any demolition can proceed, authorities must follow a clear, step-by-step procedure: “First notice, time to answer, time to seek legal remedies, and then demolition.” This sequence ensures that property owners have the opportunity to contest the demolition through legal channels, safeguarding against arbitrary or retaliatory actions by the state.
A New Legal Framework
The court’s decision to create pan-India guidelines signals a move toward uniformity in how such cases are handled across the country. By laying down these rules, the Supreme Court aims to prevent the potential abuse of power by local authorities, who in the past have used demolition as a tool of retribution rather than a lawful corrective measure.
While the court made it clear that it would not protect illegal structures that obstruct public roads, it firmly rejected the notion that mere accusations could justify the destruction of property. This decision comes as a relief to many who have seen their homes threatened or destroyed under similar circumstances.
Looking Ahead
The Supreme Court has scheduled the next hearing on this matter for September 17, where it is expected to further outline the specifics of the guidelines. This ruling marks a crucial step in curbing the excesses of ‘bulldozer justice’ and ensuring that the principles of fairness and legality remain at the forefront of India’s judicial system.
As the nation awaits the detailed guidelines, this judgment serves as a powerful reminder that the rule of law must prevail, even in the pursuit of justice. The Supreme Court’s intervention not only protects individual rights but also reinforces the need for due process, ensuring that justice is served without resorting to arbitrary or extrajudicial measures.
