Supreme Court Condemns Bulldozer Justice: No Demolition Even After Conviction

Supreme Court Condemns Bulldozer Justice: No Demolition Even After Conviction

The Supreme Court, while passing strong remarks against the “bulldozer justice” on Monday, said property no can be demolished “simply because the accused were residents in those properties”.

The court heard several petitions against the repeated use of demolition by authorities against the homes of persons accused of serious offenses.

The court orally observed during the hearing that even a conviction will not allow demolition of property without due legal process.

A bench comprising Justices B.R. Gavai and Justice K.V.Viswanathan said it was unfair and illegal to bring down a house just because the owner happens to be an accused.

The court apparently proposed to lay down guidelines so that there is uniformity throughout India on the issue arising in these cases. Justice Viswanathan said, “Even if the person convicted, demolition cannot be done without following the due process of law laid down.”

A father may have a recalcitrant son, but demolishing the house on this basis is not the right way,” he further said, commenting on the unfairness of punishing others over the actions of one. The bench also added that the demolitions should take place only if the structure in question is illegal.

Even Justice Viswanathan suggested that precautionary measures be taken to avoid incidents of this nature in the future by undertaking a process where notices would be issued, time given for responses, an opportunity given to seek legal remedies, and only then demolition should be effected.

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Demolitions of properties belonging to alleged perpetrators of serious crimes have, in the last couple of years, been a number of state governments’ favorite activities. The next hearing by the Supreme Court will take place on September 17 and is likely to further deliberate on this matter.