Today, the Supreme Court held that the executive cannot demolish the homes of individuals merely because they are accused or convicted of a crime.
Granting such action by the executive is contrary to the rule of law and also a violation of the principle of separation of powers, as it is for the judiciary to pronounce on the guilt of a person.
''The executive cannot pronounce a person guilty. Only on the basis of accusation, if the executive demolishes the property of the person, it will strike at the rule of law. The executive cannot become a judge and demolish the properties of the persons accused..''
''The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right. Such highhanded and arbitrary actions have no place in a constitutional democracy. Such actions have to deal with a heavy hand of law. Our Constitutional ethos does not permit such a course of law...," the Court pronounced.
The Court further stated that public officials responsible for demolishing properties in this manner should be held accountable for their actions.
"Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability..." the Court observed while highlighting the importance of restitution.
A bench of Justices BR Gavai and KV Viswanathan delivered the judgment in a series of petitions filed by Jamiat Ulema-i-Hind and other petitioners, seeking directives to halt the growing trend of "bulldozer justice."
"It is not a happy sight to see women, children and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period," the Court observed.
The Court clarified that these directions will not apply in cases involving unauthorized structures on public spaces such as roads, streets, footpaths, areas adjacent to railway lines, or any river or water body, nor will they apply in situations where a court order has been issued.
Case Title: In Re: Directions in the matter of Demolition of Structures v. and Ors. | Writ Petition (Civil) No. 295 of 2022 (and connected case)
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