Supreme Court condemns 'bulldozer justice,' says executive cannot replace judiciary
Issues guidelines against demolition of properties over criminal allegations
New Delhi: In a significant judgement on Wednesday, 13 November, the Supreme Court emphasised that properties cannot be demolished solely based on criminal accusations or convictions. The Court asserted that such actions contravene the rule of law and infringe upon the principle of separation of powers, as only the judiciary has the authority to determine a person's guilt.
"The executive cannot pronounce a person guilty. If the executive demolishes the property of the person merely on the basis of accusation, it will strike at the rule of law. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness, where might was right. Such high-handed and arbitrary actions have no place in a constitutional democracy. Our constitutional ethos do not permit such a course of action," the Court stated.
The judgement, delivered by a bench comprising Justices BR Gavai and KV Viswanathan, came in response to a series of petitions, including one filed by Jamiat Ulema-i-Hind, seeking to halt the use of demolitions as a punitive measure against those accused of crimes. The Court directed that public officials who engage in such actions be held accountable.
"Public officials who take the law into their own hands and act in a high-handed manner must be held accountable," the Court observed, underlining the importance of respecting due process.
Further, the Court noted that demolitions often impose "collective punishment" on the families of the accused or convicted, and therefore outlined specific guidelines to prevent misuse of such actions. Key directives included:
Authorities must issue a show-cause notice before proceeding with demolitions, giving owners at least 15 days to respond.
Property owners should be notified via registered post, and the notice must detail the nature of the unauthorised construction and grounds for demolition.
The designated authority must allow for a personal hearing, with proceedings duly recorded.
Demolition actions should be videographed, with reports sent to the Municipal Commissioner.
Even after issuing a demolition order, affected parties should be given time to challenge it legally. In cases where individuals do not wish to contest, adequate time must be allowed for vacating the premises.
The Court highlighted the adverse impact of such demolitions on vulnerable groups, observing, "It is not a happy sight to see women, children, and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period."
However, the Court clarified that these guidelines would not apply to cases of unauthorised structures on public land, such as roads, footpaths, railway lines, or water bodies, or where a Court order for demolition exists.
This judgement builds upon previous stays on demolitions, including an interim order on 17 September, which prohibited demolitions across the country without Court permission except in cases of public encroachments.
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Shiv Sena (UBT) MP Sanjay Raut alleges irregularities in Maharashtra Assembly election results
Mumbai: As the counting of votes for the Maharashtra Assembly elections progresses, Shiv Sena (UBT) MP Sanjay Raut has raised serious allegations of irregularities in the results. Speaking to the media, Raut claimed, "There is something wrong with these election results. This is not the decision of the people."
Currently, the BJP-led alliance is leading in 215 seats, while the Maha Vikas Aghadi (MVA) is ahead in 61 constituencies. According to Raut, several seats that should have gone to the MVA were allegedly "stolen."
He further alleged, "Money machines were set up in every constituency. Maharashtra’s people are honest, but the election process here has seen the highest level of dishonesty. We knew the sentiment of the public, but this outcome does not reflect it."
Raut also connected the developments to recent controversies involving Gautam Adani, claiming that the focus has been shifted to the election results to divert attention from issues affecting the BJP. He accused the BJP of manipulating the elections, stating, "Mumbai is going into the hands of Gautam Adani."
