In a strong rebuke of the emerging trend known as ‘Bulldozer Justice,’ the Supreme Court declared on Wednesday that a person’s home cannot be demolished solely based on accusations or guilt of a crime. A two-judge bench, led by Justice BR Gavai, emphasized the importance of a home as the culmination of years of hard work and aspirations.
The Supreme Court asserted that the government or administration lacks the authority to deem a person guilty. It stated that demolishing property based merely on allegations constitutes an attack on the rule of law, warning that government officials cannot assume judicial roles or destroy properties of the accused.
Justice Gavai criticized the practice of demolishing properties with bulldozers, labeling it a form of anarchy that undermines the principles of constitutional democracy. The Court insisted that accountability must be enforced for public officials who overstep their authority, particularly when they disregard established legal procedures.
Addressing the issue of selective demolitions, Justice Gavai pointed out that targeting specific properties while leaving others intact raises concerns about ulterior motives, which could lead to “punishing without trial.” The Court highlighted that a home represents the hopes and security of its inhabitants, and any state action to demolish such a structure must be justified as the sole option available.
The Court also questioned the legitimacy of demolishing a home based on the accusations against just one resident, warning that such actions infringe upon constitutional rights and equate to anarchy. It reiterated that every individual, regardless of their legal status, retains fundamental rights, including dignity and protection from inhumane treatment.
Reinforcing the presumption of innocence, the bench stated that an accused individual cannot be considered guilty until proven so beyond a reasonable doubt in a court of law. The SC characterized the image of a bulldozer demolishing property without due process as indicative of a lawless state where “might is right.”
In a decisive action, the Supreme Court established specific guidelines under Article 142 of the Constitution to ensure due process in demolition cases. It mandated that no demolition may occur without a show cause notice, allowing the individual at least 15 days to respond, or a longer period as dictated by local laws.
