Supreme Court on ‘Bulldozer Justice’: ‘No demolition be carried out without prior show cause notice and…’

The Supreme Court, on Wednesday pronounced the verdict on ‘bulldozer justice’ and laid down pan-India guidelines on demolition of properties. While announcing the verdict, the SC made it clear that “the executive cannot replace the judiciary in core function.”

The rule of law provides a framework to ensure individuals know their property will not be taken away arbitrarily, the SC bench said while adding that demolition drive without proper notice is “unconstitutional”.

The SC bench of justices BR Gavai and KV Vishwanathan, noted that adjudicatory functions are entrusted to the judiciary and the executive cannot replace the judiciary in performing its core function, reported ANI in a post on X. “Legal process shouldn't prejudge guilt of accused,” NDTV quoted the Supreme Court's verdict on bulldozer justice.

The verdict was pronounced after the top court reserved the order on October 1 after hearing the petitions filed against state governments' demolition drive against properties owned by people accused in criminal cases.

‘Punishment cannot be razing property for convicted’

While announcing the judgment, the SC bench said that even if an accused person has been found guilty of a crime the punishment cannot be razing their property, reported Bar and Bench.

Highlighting the glaring issue of penalising an accused before trial, the SC declared the demolition of home of an accused without due process as unconstitutional. The SC bench also added that the rule of law compliance must even for municipal laws. During the hearing, the apex cour was also supposed to announce a pan-India guidelines over cases of ‘bulldozer justice’.

What are the guidelines on demolition of properties laid by SC?

The apex court has clarified that razing down a property without proper notice is completely unconstitutional. The bench has also instructed that it is important for the government to issue a show cause notice prior to demolition. Moroever, no action can be taken against the property within 15 days from the date of the notice being served.

SC verdict slap on those who say ‘Batenge to Katenge’

Calling the Supreme Court's verdict on ‘Bulldozer action’ a slap on those who talk about ‘Batenge to Katenge’, Maharashtra Assembly LoP and Congress leader Vijay Wadettiwar said, “This politics was started in Uttar Pradesh. The actions were taken against a particular community and poor...We welcome the decision of the Supreme Court.”

Bulldozer justice

While hearing the petitions against such demolition drives across nations, the top court, in October, had that India is a secular country and clarified that it will issue directions for pan India which apply to all religions. The court made it clear that demolition can't be conducted merely on the ground that the person is accused or convicted.

The top court had said that it is only concerned about misuse of the municipal laws. The Supreme Court had also expressed concern on the issue that if there are two structures in violation and action is taken only against one and later one finds the criminal background soon after. SC had also said that there has to be law for unauthorised constructions and it is not dependent on religion or faith or beliefs.

"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," PTI quoted an SC bench, comprising ex-CJI DY Chandrachud, Justices J B Pardiwala and Manoj Misra. The statement was made while delivering a verdict in a matter related to demolition of a house in Maharajganj district of Uttar Pradesh in 2019.