THE JHARKHAND STORY DESK
New Delhi, Nov 13: The Supreme Court on Wednesday, imposed a ban on bulldozer actions across the country. In its ruling, the court stated that no one’s house can be demolished solely because they are an accused or convicted in a criminal case.
The court emphasized that justice cannot be served through bulldozers in a system governed by law. A bench led by Justice B.R. Gavai said that authorities cannot carry out bulldozer actions by disregarding the law.
The Supreme Court said that the executive cannot act as a judge, declare someone guilty, and demolish their house.
The court highlighted the definition of powers between the executive and the judiciary. The Supreme Court further stated that properties cannot be demolished without following legal procedures.
“If the Executive, in an arbitrary manner, demolishes the house of a citizen only on the ground that they are accused of a crime, then it acts contrary to the principles of rule of law,” a bench of Justices B R Gavai and K V Viswanathan said.
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SC says authorities carried out bulldozer actions ignoring the law
The court raised the question of whether the state government can perform judicial functions, stating that the state cannot replace the judiciary. If the state demolishes properties, it would be a clear case of injustice.
The Supreme Court firmly stated that properties cannot be demolished without following legal procedures. The bench said that in several cases of bulldozer actions brought before the Supreme court, it is evident that authorities carried out such actions by disregarding the law.
Notably, petitions were filed against bulldozer actions in several states, with Jamiat Ulema-e-Hind also being one of the petitioners.
Even if a person is proven guilty, demolishing their house is wrong: SC
The Supreme Court issued guidelines, stating that it would be wrong to demolish a person’s house even after they are proven guilty of a crime. Such an action by government officials would be illegal, as the executive would be taking the law into its own hands.
The court emphasized that owning a home is a fundamental right for everyone. Additionally, the court stated that no one’s house can be demolished unless they are given a notice at least 15 days in advance.
Notice must explain why the property is illegal: SC
The Supreme Court further said that if action is to be taken on any property, it is mandatory for the authorities to send a notice to the property owner via registered post at least 15 days in advance.
The notice will be affixed outside the house, detailing why the property is considered illegal, which rules have been violated, and the reasons for its demolition.
The administration must also ensure that the entire demolition process is videotaped. Any violation of these guidelines will be considered contempt of court.
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