SUPREME COURT ON BULLDOZER ACTION AGAINST ACCUSED :
GOVERNMENT CAN’T DEMOLISH PROPERTIES OR ACT AS JUDGE
In a landmark judgment, the Supreme Court of India has dealt a significant blow to the practice of “bulldozer justice,” where properties of individuals accused of crimes are demolished without due process. The court has firmly asserted that the executive cannot act as both judge and jury, and that such actions violate the fundamental principles of the rule of law.
Key Points from the Judgment:
• No Demolitions Without Trial: The court emphasized that the executive cannot demolish properties solely on the grounds of accusation or conviction. A fair trial must precede any such action.
• Separation of Powers: The judgment underscored the importance of the separation of powers, stating that the executive cannot usurp the judiciary’s role in determining guilt or innocence.
• Accountability for Officials: The court warned that public officials who engage in such high-handed actions, disregarding legal procedures, must be held accountable.
• Strict Guidelines for Demolitions: The court laid down specific guidelines for demolition of properties:
Prior Notice: A 15-day notice must be issued to the property owner by registered post and displayed on the property.
• Reasons for Demolition: The notice must clearly state the grounds for demolition, including specific violations of laws or regulations.
• Videography of Demolition: The entire demolition process must be videographed to ensure transparency and accountability.
• Appeal Period: Affected parties must be given a 15-day window to challenge the demolition order.
Impact of the Judgment:
The Supreme Court’s ruling is a significant victory for the principles of justice and fair play. It sends a strong message that the rule of law must prevail, and that the executive cannot take shortcuts in the pursuit of justice. This judgment is expected to curb the arbitrary use of bulldozers by state authorities and ensure that due process is followed in all cases.
It is important to note that this judgment does not prevent the demolition of properties in cases where there is a clear violation of laws or regulations. However, it mandates that such actions must be taken after following the established legal procedures and ensuring that the rights of the affected individuals are protected.
This judgment is a step towards ensuring that justice is not only done but also seen to be done. It reinforces the principle that every individual, regardless of their social or economic status, is entitled to a fair trial and due process of law.
