Bulldozer justice: Executive cannot become judge, demolish suspect’s house, says SC | India News – Times of India

NEW DELHI: The Supreme Court on Wednesday laid down strict norms to curb bulldozer justice in certain states, saying the executive “cannot become a judge” by finding suspects guilty and demolishing their houses. It said action will be taken against government officials who behave in an “inappropriate manner.”
The SC noted that it was not a “cheerful sight to see women and children on the streets overnight” and said that if the houses of suspects or convicts were demolished without following legal procedure, their family rights would have on compensation.
It ruled that a mandatory 15-day notice must be given to residents of an alleged illegal structure before it is removed. If the owner does not contest or respond to the notice, the state may proceed with the demolition, provided the entire process is captured on video, the state said.
It said government officials “who take the law into their hands” and act in “wayward ways” must be held accountable.
The bench headed by Justices BR Gavai and KV Vishwanathan noted that “the rule of law provides a framework to ensure that individuals know that property will not be taken away arbitrarily.”
“The executive branch cannot find a person guilty. If he destroys his house based on accusations alone, it would violate the basic principle of the rule of law. The executive cannot become a judge and decide to demolish a suspect’s property,” the councilor said. bank said.
The Supreme Court had reserved its order for October 1. It had extended the interim injunction, which prevented demolition of properties without permission until further notice. However, the interim order did not apply to unauthorized structures, including religious structures built on roads, footpaths and similar areas.
The SC had noted that India is a secular country and clarified that its guidelines on property demolition will apply equally to all religions. The court made it clear that demolitions should not be carried out solely on the basis that an individual is accused or convicted of a crime.
The court was hearing several petitions regarding the use of bulldozers by authorities to demolish properties. It specifically noted that minorities and marginalized communities were disproportionately affected by this demolition, setting a disturbing precedent for both these communities and the general public.