On Monday, the Supreme Court took a firm stance against the practice of “bulldozer justice,” where authorities demolish properties belonging to individuals accused of crimes. The Court stated that demolishing someone’s property solely based on their criminal accusation or conviction is not acceptable.
Demolitions Can Only Occur If Structure Is Illegal
The Court’s decision came in response to a series of petitions challenging this practice. The Court made it clear that demolitions can only occur if a structure is illegal, not just because the owner is accused or convicted of a crime. Justices B.R. Gavai and K.V. Viswanathan emphasized that due legal procedures must be followed before taking such drastic actions.
Demolitions To Be Preceded By Proper Notice
Justice Viswanathan highlighted the issue of demolishing homes simply because an occupant’s family member is accused of a crime. He noted that such actions are unfair and ineffective. The Court stated that demolitions should be preceded by proper notice, time for response, and legal remedies.
Establishing Nationwide Guidelines Over Demolitions
The Supreme Court is now considering establishing nationwide guidelines to ensure that property demolitions are handled correctly and fairly. These guidelines would address concerns about demolishing properties without proper legal procedures. The Court has scheduled another hearing on September 17 to discuss these guidelines further.
Practice Of Using Bulldozers On Rise
The practice of using bulldozers to demolish the homes of accused individuals has gained attention in recent years. Initiated by Uttar Pradesh Chief Minister Yogi Adityanath, this approach was aimed at intimidating criminals and deterring crime. Other states, including Madhya Pradesh and Haryana, have adopted similar practices.
UP And MP’s Political Response To Crime
In Uttar Pradesh, Adityanath’s administration demolished numerous properties of those accused under stringent laws. The practice was seen as a tough stance against crime but faced criticism for punishing entire families for individual actions. Madhya Pradesh and other states followed suit, with bulldozer demolitions becoming a symbol of political and administrative responses to crime.
Need For Effective Law Enforcement
The Supreme Court’s intervention comes amid rising concerns about the fairness and legality of such demolitions. Critics argue that demolishing a home over an accusation violates basic legal principles and the right to a fair trial. As the Court prepares to lay down new guidelines, it aims to balance the need for effective law enforcement with protecting individual rights. The guidelines will seek to prevent misuse of demolition powers and ensure that legal procedures are adhered to, offering a fair process for all parties involved.
#SupremeCourt to hear today a batch of pleas assailing bulldozer/demolition action undertaken by authorities in relation to houses of persons accused of crimes
Bench: Justices BR Gavai and KV Viswanathan#BulldozerAction #Demolition #BulldozerJustice pic.twitter.com/k4NpQZ5EAW
— Live Law (@LiveLawIndia) September 2, 2024