New Delhi: The Supreme Court has strongly criticized the bulldozer-driven demolitions in BJP-ruled states, stating that such unilateral use of power has no place in a country governed by the rule of law. The bench, consisting of Justices Bhushan R. Gavai and K.V. Vishwanathan, declared that demolishing the homes of those convicted or facing criminal charges using bulldozers is unconstitutional.
The court has completely banned demolitions carried out without prior notice or adherence to due process. It also issued guidelines for the demolition of illegal constructions, specifying that those who violate these guidelines will face prosecution as well as legal action from the courts. The court further ordered that officials involved in such demolitions must pay compensation for damage and the costs of restoring the buildings to their original state.
The petitions came to the Supreme Court due to the widespread use of bulldozers in BJP-ruled states like Uttar Pradesh, Rajasthan, Madhya Pradesh, and Assam. On September 17, the court had issued an interim order stating that demolitions in cases other than illegal constructions would require prior approval from the court.
The court described the shocking images of bulldozers demolishing buildings without due process, as a message promoting complete anarchy and sending the wrong message that “those in power are always right.” The sight of women, children, and the elderly being thrown out onto the streets overnight is not something that should be celebrated, the court remarked. Authorities should realize that waiting a little longer would not cause the sky to fall.
The court emphasized that punishing innocent family members for the crimes of one individual is not acceptable under constitutional and criminal law.
The court also stated that the government does not have the power to carry out unilateral actions against criminals. It is the judiciary’s role to punish offenders according to the law of the land. The Supreme Court made it clear that it cannot accept the government assuming judicial powers. Issuing orders to demolish someone’s house based on their status as an accused, without a trial, amounts to punishment without due process. The court also called for action against officials who take on the role of self-appointed judges and usurp the law.
