Criticising “arbitrary” bulldozer action in the strongest terms, the Supreme Court on Wednesday said that the executive cannot override the judiciary and demolish people’s homes only on the ground that they are accused of crimes. Laying down strict guidelines for demolitions, the top court also warned against the “executive’s excesses”, saying errant officials will have to pay.
The top court was hearing the petitions seeking to put brakes on the "bulldozer" action against the accused person as a corrective measure.
During the hearing, the court emphasised that the executive cannot assume the role of adjudication, stating that the arbitrary demolition of a citizen's home on mere accusations violates constitutional law and the principle of separation of powers.
"No one can be held guilty without a fair trial," the Court said, reinforcing the protections available to all, including those accused or even convicted.
The Court warned that the executive's overreach in such cases disrupts foundational legal principles.
The Court highlighted that officials must be held accountable when they act beyond their authority. Such arbitrary actions, especially in the absence of a judicial order, undermine the rule of law.
"Officials cannot act in such an arbitrary manner," the Court noted, adding that safeguards within criminal law exist to protect even those accused or convicted of crimes from abuses of power.
In cases where the rights of the accused are infringed upon due to arbitrary actions or negligence, the Court suggested that compensation could be an avenue for addressing such cases.
"If only one person is accused of a crime, how can authorities be allowed to remove shelter from the heads of the entire family or a few families?," the court asked.
"Officials cannot be spared if acting in abuse of power," the Court said, reinforcing that accountability measures must apply to prevent misuse of authority.
The ruling was announced by a bench of justices BR Gavai and KV Vishwanathan.
Earlier, the court in its interim order asked the authorities to stop demolition drives until further notice.
The Supreme Court issued a verdict on Wednesday regarding the bulldozer demolitions, outlining strict guidelines to ensure that due process is followed. The court said that no demolition should take place without adhering to these norms.
Guidelines will not apply if an unauthorised structure is on a public road, railway line or water body or has been ordered by the court
The court directed that a 15-day notice be given before any demolition takes place. A show cause notice must be issued, and a digital portal will be set up within three months to track the notices.
This portal will include details about the notice and the date it was displayed at the site. Each notice must clearly specify the reasons for demolition and the date of the hearing.
The Court also mandated that a personal hearing be held for the property owner or occupier, where their submissions would be considered. Officials must assess whether the offence is compoundable or if partial demolition is a possibility. The order must include a clear explanation of why the demolition is necessary.
Officials who violate these guidelines could face prosecution for contempt of court, and they will be held accountable for restitution if any violations are found.
Source: India Today