Supreme Court Issues Strong Guidelines Against “Bulldozer Justice,” Emphasizing Rule of Law

The Supreme Court of India has issued a stern rebuke against the practice of “bulldozer justice,” where authorities demolish properties of individuals merely based on accusations, without due process of law.

In a recent ruling, the apex court emphasized that demolishing a person’s property solely on the basis of a criminal accusation undermines the essence of the rule of law.

The bench, comprising Justices BR Gavai and KV Viswanathan, stated that the executive branch must not assume the role of the judiciary. The court reaffirmed that only a judicial process, including a fair trial, can establish guilt, and property must not be destroyed without a legitimate legal order.

“It is not a happy sight to see women, children, and ailing persons dragged onto the streets overnight,” the court observed, criticizing the emotional and physical toll these demolitions take on vulnerable individuals. The bench also stated that authorities should not rush into such actions, stressing that taking time before carrying out demolitions would not bring about any irreversible consequences.

In addition to the rebuke, the court issued a set of guidelines to regulate such demolitions. These include:

1. Notice Period: Authorities must provide proper notice to property owners before carrying out any demolition. This notice should give the owner a chance to contest the decision or vacate the premises. However, this rule will not apply if the property is obstructing essential infrastructure such as roads, water passages, or railway lines.

2. Issue a mandatory show cause notice before any demolition. Publicly display this notice at the property, and allow the recipient at least 15 days to respond or contest the demolition order.

3. Digitally document each notice to prevent tampering or falsification. Once served, email a copy of the notice to the office of the local Collector or District Magistrate, and ensure an auto-generated acknowledgment of receipt is issued.

4. Provide the property owner or occupant with an opportunity for a personal hearing before taking any demolition action. Document the hearing proceedings, and ensure the final decision justifies why demolition is the only option.

5. Demolition Only for Unauthorized Structures: Demolitions should be restricted only to the part of the property that is constructed illegally. Authorities must also prepare a detailed report on the illegal construction before proceeding.

6. Videograph and document the entire demolition process to ensure transparency and accountability.

7. Liability for Violations: Authorities responsible for any demolition that violates these guidelines will be personally accountable and required to restore the property at their own expense.

The Supreme Court’s intervention comes amid growing concerns over the use of bulldozers to demolish properties of individuals accused of crimes, often without following due legal procedures. This ruling seeks to reaffirm the importance of following legal protocols and safeguarding the rights of individuals, especially those who may be vulnerable or unable to contest such actions immediately.

(By Ankita Singh, Web Team at C6N)