On Monday, the Supreme Court of India issued a stern critique of the practice known as ‘bulldozer justice,’ asserting that properties cannot be demolished simply because they belong to someone accused of a crime.
Addressing a series of petitions challenging the demolition actions often taken by authorities against the homes of individuals accused of serious offenses, the Court stated unequivocally that demolitions are impermissible even if the person is later convicted.
A bench consisting of Justices B.R. Gavai and K.V. Viswanathan emphasized that demolitions cannot proceed without adhering to the prescribed legal procedures. The Court expressed concerns over demolitions being used as a form of punishment, questioning how a person’s property could be razed solely due to accusations.
The Supreme Court clarified that it will not intervene in cases where properties are illegal structures obstructing public roads. However, it asserted that demolishing properties based on accusations or convictions without due process is unacceptable.
Justice K.V. Viswanathan remarked that demolishing a house due to an individual’s criminal behavior, particularly when the property is otherwise legal, is an inappropriate approach. He highlighted the need for clear guidelines to ensure that any demolition follows proper legal procedures, including issuing notices, allowing time for responses, and providing opportunities for legal remedies before taking such drastic actions.
The Court indicated that it intends to establish guidelines to address these issues comprehensively across the country. This move aims to prevent misuse of demolition practices and ensure that legal and procedural safeguards are respected.
The Supreme Court has scheduled the next hearing on this matter for September 17, 2024. This decision marks a significant step towards reinforcing the rule of law and ensuring that punitive measures are just and lawful.
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