In the new development in “bulldozer justice”, the Supreme Court on Wednesday held that the executive can not demolish the houses or properties of a person only on the ground that the person is accused of a crime or convicted in a crime. 

The court pronounced and the Live Law quoted,  “The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits.

The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”. In our constitution, which rests on the foundation of ‘the rule of law’, such high-handed and arbitrary actions have no place. Such excesses at the hands of the executive will have to be dealt with by the heavy hand of the law. Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law”

The court added, “Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law.

Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law.”

As quoted by the Live Law, the court announced that the public officials who demolish the houses or properties in such a manner should be held accountable. 

“Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability…” the Court observed.

No Demolition without 15 days Notice:

As directed by the Supreme Court the  no demolition should be carried out without prior 15 day notice to the owner of the property and without following the statutory guidelines. 

“Rule of law and the rights of citizens against arbitrary action of the executive. Legal process can’t condone such action… Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for protecting constitutional democracy,” a bench of justices BR Gavai and KV Vishwanathan said.

“If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said.