[Bulldozer Justice] “Wrongful Demolitions Warrant Compensation; Officials Should Not Be Shielded from Accountability”: Supreme Court

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Today, On 13th November, The Supreme Court condemned the practice of “bulldozer justice,” emphasizing that the legal process must not imply the guilt of an accused before a fair trial. The Court highlighted the importance of adhering strictly to due process and ensuring actions are not taken based solely on accusations.

New Delhi: In its verdict on “bulldozer actions” by state governments demolishing properties of those accused of crimes, the Supreme Court emphasized that it had “considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary state action.”

The Court stated,

“The rule of law provides a framework to ensure that individuals know their property will not be taken away arbitrarily.”

Read Also: “Bulldozer Justice Seems Like Extrajudicial Executions”: Ex-AMU VC Moves SC to Intervene in Pleas Against Bulldozer Action

In a landmark ruling, the Supreme Court of India declared that demolishing the homes of individuals accused or convicted of crimes is unlawful.

The Court stressed,

“Even if a person is accused or found guilty, it does not justify the destruction of their home.”

Emphasizing the rule of law, the Court stated that bulldozer actions must be free of bias and discrimination.

It added,

“Wrongful demolitions warrant compensation and that officials responsible should not be shielded from accountability.”

The Court questioned the impact on families, asking,

“If the accused is just one person, why should the entire family be punished by losing their home?”

This, the Court noted, disregards legal principles intended to protect citizens. Previously, the Court remarked that a home is more than a physical structure, calling it “a dream and a sanctuary.”

It condemned the misuse of government power, emphasizing that,

“The punishment for a crime does not extend to demolishing a home. No one’s home should be destroyed solely because they are accused.”

The Supreme Court issued directives in response to multiple petitions challenging the practice of Central and State governments using bulldozers to demolish the homes or businesses of individuals accused in criminal cases as a form of extrajudicial punishment.

Previously, the Bench had imposed a temporary ban on authorities from demolishing the properties of individuals suspected of crimes without obtaining prior Court approval.

Read Also: “Matter Closed for Judgment, Withdraw or We Will Reject”: SC Rejects Fresh Plea in Bulldozer Action

The Court conducted hearings and reserved its judgment on October 1.

Representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh was Solicitor General Tushar Mehta. Senior Advocates Abhishek Manu Singhvi, CU Singh, Sanjay Hegde, MR Shamshad, and Advocates Nizam Pasha and Anas Tanwir represented those impacted by the demolitions.

Additionally, Advocate Vrinda Grover appeared on behalf of the United Nations Special Rapporteur on Adequate Housing.

Recently, a separate Supreme Court Bench, led by the former Chief Justice of India, declared that “bulldozer justice” has no place in a nation governed by the rule of law.

Read Judgement

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