Supreme Court Issues Guidelines to Curb ‘Bulldozer Justice’
In a significant judgment addressing the issue of ‘bulldozer justice,’ the Supreme Court has ruled that executive actions should not replace judicial processes and emphasized that legal proceedings must not assume an accused’s guilt prematurely.
The bench of Justice BR Gavai and Justice KV Viswanathan laid down guidelines on demolitions, cautioning against extrajudicial actions that violate individual rights.
The Supreme Court ruling came in response to petitions challenging demolitions targeting individuals accused of crimes. Known as ‘bulldozer justice,’ this practice has raised concerns due to its punitive nature, with authorities claiming the demolitions target illegal structures. However, multiple petitions argued that such actions bypass due legal process.
Rule of Law and Separation of Powers
The court reiterated the importance of the rule of law in safeguarding citizens’ rights, stating, “The rule of law is the foundation of a democratic government.” Emphasizing fairness in the criminal justice system, Justice Gavai remarked, “The legal process should not prejudge the guilt of the accused.” The court noted that property rights, protected under the Constitution, ensure that authorities cannot arbitrarily deprive individuals of their homes.
The bench further highlighted the separation of powers, affirming that judicial functions are the judiciary’s domain. “The Executive cannot replace the Judiciary,” Justice Gavai stated, cautioning against arbitrary demolitions as a breach of public trust and accountability principles.
Accountability and Due Process
The court made it clear that public officials abusing their powers must be held accountable. “If any officer of the State has acted in an arbitrary or malicious manner, he cannot be spared,” Justice Gavai stated, asserting that selective demolitions may suggest punitive motives rather than law enforcement.
Justice Gavai underlined the significance of home ownership, describing it as the result of years of hard work and aspirations, emphasizing that depriving someone of shelter must be justified with strong evidence that demolition is the only viable option.
Mandatory Showcause Notice and Appeal Process
Using its powers under Article 142, the Supreme Court set forth guidelines to prevent arbitrary demolitions. It mandated that no demolition be executed without issuing a showcause notice, giving the recipient a 15-day response window or the time specified under local laws, whichever is longer. This notice must clearly explain the nature of the violation and grounds for demolition.
Following the response, the concerned authority must provide a fair hearing before issuing a final order. Homeowners are to be given a 15-day period to remove any unauthorized structures, with authorities permitted to proceed only if an appellate authority does not intervene to halt the order.
