Violation of the Supreme Court’s directions would lead to contempt proceedings, the bench of Justice BR Gavai and Justice KV Viswanathan warned.
AMN NEW DELHI
The bench of Justice BR Gavai and Justice KV Viswanathan delivered its judgment on petitions challenging bulldozer action against people accused of crimes. This trend, which caught on in several states, is referred to as ‘bulldozer justice’. State authorities have, in the past, said only illegal structures were demolished in such cases. But several petitions were filed before the court, flagging the extrajudicial nature of the action.
While pronouncing the verdict the apex court bench observed, “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”.
“Construction of a house is an aspect of socio-economic aspirations and is just not a property but symbolizes years of struggle and it gives a sense of dignity and if this right is taken away, then the authority has to satisfy that such a measure was the only last resort available.” Bar and Bench quoted the6 SC bench saying.
Justice Gavai said it is the dream of every family to have a house and an important question before the court was whether the Executive should be allowed to take away someone’s shelter. “The rule of law is the foundation of a democratic government… the issue relates to fairness in the criminal justice system, which mandates that legal process should not prejudge guilt of accused,” the bench said.”We have considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary State action. The rule of law provides a framework to make sure individuals know property will not be taken away arbitrarily,” it added.
On the separation of powers, the bench said adjudicatory functions are entrusted to the judiciary and the “Executive cannot replace the Judiciary”. “We have referred to the doctrine of public trust and public accountability. We have concluded that if Executive demolishes the house of person arbitrarily merely because he is accused, it violates principle of separation of powers,” Justice Gavai said.
The court said accountability must be fixed on public officials who take law into their hands and act in a high-handed manner. “State and its officials can’t take arbitrary and excessive measures. If any officer of the State has abused his power or acted in total arbitrary or malafide manner, he cannot be spared,” it added.
Maulana Arshad Madani welcomed the decision to ban bulldozer action
Welcoming the Supreme Court’s decision to ban illegal bulldozer action, Jamiat Ulama-e-Hind chief Maulana Arshad Madani said that it is hoped that the strict instructions of the Supreme Court will curb the bulldozer action.
This important decision was given by the Supreme Court today on a petition filed by Jamiat Ulama-e-Hind challenging the illegal bulldozer action.
The Supreme Court has said that demolishing someone’s house by running a bulldozer is not a punishment for any crime. The government cannot become a judge and decide to demolish someone’s house by running a bulldozer. Only the judiciary will decide whether something is legal or illegal.