The Supreme Court Today (Sept 2) came down heavily on ‘bulldozer justice’, questioning how a house can be demolished just because it belongs to an accused or even a convict in a criminal case. The court also said that it proposes to lay down guidelines on the issue. “Even if he is a convict, still it can’t be done without following the procedure as prescribed by law.”
Thank you for reading this post, don't forget to subscribe!![[BREAKING] "How Can House Be Demolished Because Somebody Is An Accused?": SC To Frame Pan-India Guidelines On 'Bulldozer Actions'](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/DJETRHFM.jpg?resize=820%2C492&ssl=1)
NEW DELHI: The Supreme Court of India today strongly criticized the practice of demolishing homes simply because they belong to individuals accused or even convicted in criminal cases.
The Court questioned the legitimacy of such actions, emphasizing that no one’s house should be demolished without following the due process prescribed by law, regardless of their legal status.
The issue was brought before a bench comprising Justice BR Gavai and Justice KV Viswanathan. Senior Advocate Dushyant Dave, representing the petitioner, urged the Court to issue directions to curb the practice of ‘bulldozer justice’ across the country. He argued that this form of extrajudicial punishment is not only unjust but also unconstitutional.
Solicitor General of India Tushar Mehta, representing the government, acknowledged that immovable property cannot be demolished merely because the owner is accused of a criminal offense.
“Such demolition can only happen if the structure is illegal,”
-he clarified.
However, Mr. Mehta also argued that the issue is being misrepresented in court.
In response, Justice Gavai questioned the rationale behind demolishing a person’s house solely based on their status as an accused or convict.
“If you are accepting this, then we will issue guidelines based on this. How can demolition be just because he is an accused or even a convict,”
-Justice Gavai remarked.
The bench further stressed the need for a streamlined procedure to address unauthorized constructions, ensuring that any demolition adheres to established legal protocols.
“If construction is unauthorized, fine. There has to be some streamlining. We will lay down a procedure. You are saying demolition only if violation of municipal laws. There is a need for guidelines, it needs to be documented,”
-the bench stated.
Justice Viswanathan echoed the need for due process, suggesting that the authorities should follow a clear procedure before carrying out demolitions.
“First issue notice, give time to answer, time to seek legal remedies, and then demolition,”
-he proposed.
He further questioned the justification for demolishing properties simply because the owner or a resident is accused of a crime.
“If a man’s son is a nuisance, demolishing his home is not the right way,”
-Justice Viswanathan added.
The bench emphasized that it does not intend to defend illegal constructions.
“We will not protect any illegal structure obstructing public roads, that includes a temple, but there should be guidelines for demolition,”
-it clarified.
Senior Advocates Dushyant Dave and CU Singh, representing the petitioners, highlighted several instances where demolitions appeared to be punitive rather than lawful.
![[BREAKING] "How Can House Be Demolished Because Somebody Is An Accused?": SC To Frame Pan-India Guidelines On 'Bulldozer Actions'](https://i0.wp.com/www.livehindustan.com/lh-img/uploadimage/library/2023/09/27/16_9/16_9_6/bulldozer_action_news_1695792469.jpg?w=820&ssl=1)
They pointed to the demolition exercise in Delhi’s Jahangirpuri, where properties were allegedly demolished simply because the sons or tenants of the owners were involved in criminal activities.
“They demolished 50-60 year old homes because son or tenant of the owner is involved,”
-Mr. Singh explained.
The Court also discussed a case from Udaipur, Rajasthan, where a house was demolished after a student living there stabbed his classmate. This prompted Justice Viswanathan to question the fairness of punishing an entire family for the actions of one member.
The Supreme Court made it clear that it does not support the protection of unauthorized constructions but emphasized the need for clear, pan-India guidelines on demolition practices.
“We propose to lay down guidelines on a pan-India basis,”
-the Court announced, scheduling the next hearing for September 17.
The practice of ‘bulldozer justice’ has become increasingly prevalent in various parts of the country, drawing significant criticism. Many have questioned the morality and legality of demolishing homes before allegations against individuals are proven and have also raised concerns about punishing entire families for the crimes of one person.
The Supreme Court’s intervention in this matter is seen as a crucial step toward ensuring that justice is administered fairly and within the bounds of the law.
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