New Delhi: The Supreme Court on Wednesday struck down the practice of ‘bulldozer justice’, issuing pan-India guidelines that prohibit property demolitions without due process. The court ruled that demolishing properties without a court order or show cause notice is unconstitutional, emphasizing that the Executive cannot act as both judge and executioner.
In a significant verdict, a bench comprising Justices B.R. Gavai and K.V. Viswanathan stated that demolishing a house merely because a person is accused or convicted is a violation of their constitutional rights. Justice Gavai expressed concern over the humanitarian impact, stating it is “not a happy sight” to see women and children left on the streets after such demolitions.
Key guidelines set by the court include:
No demolition can take place without a prior show cause notice, and the demolition must occur within 15 days after the notice is served.
The entire demolition process must be videographed to ensure transparency.
The guidelines do not apply in cases of unauthorized construction on public land or if a court order mandates the demolition.
The Supreme Court made it clear that accused and convicted individuals have legal rights and safeguards as per the Constitution and criminal law, and cannot be punished through arbitrary demolitions.
This ruling came in response to several petitions seeking the establishment of formal guidelines to regulate property demolitions across the country, especially in light of increasing incidents of demolitions being carried out without judicial scrutiny.
