New Delhi: In a significant move to uphold constitutional rights, the Supreme Court of India has laid down stringent guidelines aimed at curbing the practice of what has been termed “bulldozer justice.” On Wednesday, the bench, comprising Justices B R Gavai and K V Viswanathan, emphasized that the Executive cannot unilaterally act as a judge, declare individuals guilty, and proceed to demolish their properties without due process. The court's ruling came in response to growing concerns over the demolitions of houses belonging to people merely accused or even convicted of crimes. Justice Gavai articulated the court's discomfort, stating, “It is not a happy sight to see women and children on streets overnight.” The bench firmly declared such actions to be “totally unconstitutional.”
In its judgment, the court mandated that no demolition action should take place without a prior show cause notice, which must be served at least 15 days before any demolition is executed. Furthermore, to ensure transparency, all demolition proceedings must be videographed. The Supreme Court also clarified that these new guidelines would not apply in cases of unauthorized constructions on public land or when a demolition order has been issued by a competent court. The bench highlighted that individuals accused or convicted of offenses retain certain rights and protections as outlined by the Constitution and the criminal law. This landmark verdict was delivered in response to pleas advocating for the establishment of clearer guidelines governing property demolitions across the nation, signaling a commitment to safeguard the rights of individuals against arbitrary state actions. As the implications of this ruling unfold, it remains to be seen how local authorities will adapt to these new legal standards, ensuring that justice is served without infringing on fundamental rights.
